CANADA TRANSPORTATION ACT

Railway Interswitching Regulations

SOR/88-41

• INTERPRETATION
• APPLICATION
• GENERAL
  • INTERSWITCHING DISTANCE ZONES
  • INTERSWITCHING RATES
  • INTERSWITCHING RATES FOR THE PURPOSE OF CALCULATING COMPETITIVE LINE RATES
• SCHEDULE

• ESTABLISHED BY:

SHORT TITLE

1. These Regulations may be cited as the Railway Interswitching Regulations.

INTERPRETATION

2. In these Regulations,

"Act"

« Loi »

"Act" means the Canada Transportation Act; 

"car block"

« rame de wagons »

"car block" means 60 or more cars that, as a block, are interswitched at an interchange and are destined to, or originate from a single shipper at a siding; 

"siding"

« voie d'évitement »

"siding" means

but does not include

"terminal carrier"

« transporteur de tête de ligne »

"terminal carrier" means a railway company that interswitches traffic at an interchange to or from a siding. 

APPLICATION

3. (1) These Regulations do not apply

(a) in respect of the operation of transferring traffic, where a terminal carrier has interswitched traffic to a siding for unloading in accordance with these Regulations and transfers the traffic to another siding at the request of a shipper or another railway company; and

(b) in respect of the operations and administration of a railway company if, in the immediately preceding three-year period, the company derived at least 90% of its gross freight revenues from interswitching, according to the returns prepared by the company under regulations made under section 50 of the Act.

(2) Where the Agency determines that a railway company does not qualify for an exemption from the application of these Regulations under paragraph (1)(b) because the company derived less than 90 per cent of its gross freight revenues from interswitching in the immediately preceding three year period, these Regulations

(a) become applicable to the company 10 days after the day on which the Agency sends the company notification of that determination; and

(b) apply to the company for a period of one year after the day on which they became applicable to the company under paragraph (a).

(3) A railway company referred to in subsection (2) may, on the expiration of the period referred to in paragraph (2)(b), present to the Agency evidence that it qualifies for an exemption from the application of these Regulations under paragraph (1)(b).

(4) The Agency shall, within 60 days after receiving the evidence referred to in subsection (3), notify the company as to whether it qualifies for an exemption. 

GENERAL

4. A terminal carrier shall at all times furnish to interswitched traffic a level of service equal to the level of service accorded the terminal carrier's line haul traffic.

5. A railway company for whom a terminal carrier interswitches a car shall deliver an empty car to the terminal carrier at the interchange for delivery to a siding for loading.

6. No charge shall be made by a terminal carrier for the delivery of an empty car from an interchange to a siding for loading or for the return of an empty car to an interchange after unloading.

INTERSWITCHING DISTANCE ZONES

7. (1) For the purposes of this section, the distance defining the outer limit of interswitching zone 1, 2 or 3 shall be measured along the line of track of the terminal carrier.

(2) For the purposes of these Regulations, the following interswitching distance zones are established:

(a) interswitching distance zone 1, being a zone that includes sidings located wholly or partly within 6.4 km of an interchange;

(b) interswitching distance zone 2, being a zone that includes sidings located

(i) wholly or partly within 10 km of an interchange, and

(ii) wholly outside interswitching distance zone 1;

(c) interswitching distance zone 3, being a zone that includes sidings located

(i) wholly or partly within 20 km of an interchange, and

(ii) wholly outside interswitching distance zones l and 2; and

(d) interswitching distance zone 4, being a zone that includes sidings located

(i) wholly or partly within a radius of 30 km of an interchange, and

(ii) wholly outside interswitching distance zones 1, 2 and 3.

INTERSWITCHING RATES

8. Subject to section 9, the interswitching rate charged by a terminal carrier for traffic originating in or destined to an interswitching distance zone set out in column I of an item of the schedule is the interswitching rate set out in column II or III, as the case may be, of that item.

9. Where a siding is located wholly or partly within the interswitching distance zone 4 and the point of connection with the siding is more than 40 km from an interchange along the line of track of a terminal carrier, the interswitching rate for each car is increased for each kilometre over 40 km by an amount equal to the rate per kilometre set out in column IV or V, as the case may be, of item 4 of the schedule. 

Interswitching Rate for the Purpose of
Determining a Competitive Line Rate

10. For the purpose of subsection 133(1) of the Act and with respect to the formula appearing in that subsection,

(a) the interswitching rate referred to in the description of A in that formula is the rate set out in column II or III, as the case may be, of item 4 of the schedule; and

(b) the value of E in the formula, namely, the total number of kilometres to which the interswitching rate applies, is 40 km as measured along the line of track of the terminal carrier.

 

SCHEDULE
(Sections 8 to 10)
INTERSWITCHING RATES

ESTABLISHED BY:

amended by:

SOR/89-113 16 February 1989, pursuant to subsection 152(4) of the National Transportation Act, 1987, into force on 16 February, 1989.

The Schedule is revoked and replaced.

SOR/90-36 21 December 1989, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987, into force on 1 January, 1990.

The Schedule is revoked and replaced.

SOR/91-12 13 December 1990, pursuant to paragraph 152(4)(b) of the National Transportation Act, into force on 1 January, 1991.

Section 9 is revoked and replaced.

SOR/91-715 5 December 1991, pursuant to section 64 of the National Transportation Act, 1987, into force on 5 December, 1991.

Section 3 is revoked and replaced.

SOR/92-39 12 December 1991, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987, into force on 1 January, 1992.

The Schedule is revoked and replaced.

SOR/92-738 10 December 1992, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987, into force on 1 January, 1993.

The Schedule is revoked and replaced.

SOR/93-253 11 May 1993, pursuant to subsection 27(2) of the National Transportation Act, 1987, into force on 11 May, 1993.

The paragraph 3(2)(a) of the French version is revoked and replaced.

SOR/93-614 15 December 1993, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987, into force on 1 January, 1994.

The Schedule is revoked and replaced.

SOR/94-786 14 December 1994, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987, into force on 1 January, 1995.

The Schedule is revoked and replaced.

SOR/95-596 13 December 1995, pursuant to paragraph 152(4)(b) of the National Transportation Act, 1987,into force on 1 January, 1996.

The Schedule is revoked and replaced.

Note: the following modifications are now published under the Canada Transport Act

SOR/97-84 7 January 1997, pursuant to subsection 36(1) of the Canada Transportation Act, into force on 7 January, 1997.

The schedule is replaced.

SOR/97-519 20 November 1997, pursuant to subsection 36(1) of the Canada Transportation Act, into force on 20 November, 1997.

Section 9 of the Railway Interswitching Regulations is replaced; The Schedule is replaced.

SOR/2004-201 23 September 2004, pursuant to subsection 36(1) of the Canada Transportation Act, into force on 23 October, 2004.

The schedule is replaced.

SOR/2004-203 23 September 2004, pursuant to subsection 36(1) of the Canada Transportation Act, into force on 23 September, 2004.

The definitions "Act" and "siding" in section 2 are replaced; Paragraph 3(1)(b) is replaced; Section 8 is replaced; Section 10 and the heading before it are replaced.