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CANADA TRANSPORTATION ACTOrder Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port AuthoritySOR/2005-328
ORDER AUTHORIZING PERSONS SPECIFIED THEREIN TO BE PARTIES TO CERTAIN COMMERCIAL ARRANGEMENTS AND PROVIDING SPECIFIC DIRECTIVES TO THE VANCOUVER PORT AUTHORITY AND THE FRASER RIVER PORT AUTHORITY 1. The following definitions apply in this Order. "arbitration process" « processus d'arbitrage » "arbitration process" means the arbitration process set out in section 10 of the Memorandum of Agreement.
"dispute" « conflit » "dispute" means the dispute that is the cause of the imminent extraordinary disruption to the effective continued operation of the national transportation system through the disruption of the movement of containers into and out of the ports.
"Memorandum of Agreement" « protocole d'entente "Memorandum of Agreement" means the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers' Association dated July 29, 2005.
"ports" « ports » "ports" means, as the context requires
"public officer" « fonctionnaire public » "public officer" includes a minister representing the federal government or the Government of British Columbia and any person employed in the public service of Canada or of the Province of British Columbia. 2. (1) For the purposes of subsection (2), authorization is given to the operators of trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of a port as well as to shippers, brokers, ports, the representatives of those persons and any other persons whose agreement, consent, participation or cooperation is required to resolve the dispute and implement any element of the proposed solution, including, for greater certainty and if applicable, a public officer, to
(2) The authorizations granted under subsection (1) are for the sole purpose of giving the persons referred to in that subsection the freedom to do the things authorized in that subsection without the constraints imposed under the Competition Act that may otherwise apply. RATES, CHARGES, TERMS AND CONDITIONS 3. A party to the Memorandum of Agreement whose activities are under the legislative authority of Parliament shall charge or pay, as the case may be, the rates and charges set out in the Memorandum and otherwise comply with the terms and conditions of the Memorandum. APPLICATION TO PORT OF VANCOUVER 4. (1) The Vancouver Port Authority is directed, in respect of the territory under its jurisdiction and control,
(2) The Vancouver Port Authority has the freedom to do the things directed of it under subsection (1) without the constraints imposed under the Competition Act that may otherwise apply. (3) Nothing in this section is intended to affect any collective labour agreement. APPLICATION TO PORT OF FRASER RIVER 5. (1) The Fraser River Port Authority is directed, in respect of the territory under its jurisdiction and control,
(2) The Fraser River Port Authority has the freedom to do the things directed of it under subsection (1) without the constraints imposed under the Competition Act that may otherwise apply. (3) Nothing in this section is intended to affect any collective labour agreement. (4) Nothing in this section prohibits the Fraser River Port Authority from recognizing a licence issued under section 4 by the Vancouver Port Authority as sufficient for the purposes of this section. 6. This Order is effective for a period of 90 days after it comes into force. SOR/2005-328 October 27, 2005 pursuant to section 47 of the Canada Transport Act, comes into force October 27, 2005. SOR/2006-15 January 20, 2006 pursuant to section 47 of the Canada Transport Act, comes into force January 20, 2006.
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