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Disclaimer: These documents are not the official versions (more).
CANADA TRANSPORTATION ACTRailway Interswitching Regulations SOR/88-41 SHORT TITLE
1. These Regulations may be cited as the Railway Interswitching Regulations.
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 (a) a private siding that connects with a line of railway of a terminal carrier, (b) a team track of a terminal carrier, (c) a track where traffic may be loaded or unloaded directly from or into a shipper's facility abutting a terminal carrier's tracks, (d) a track for loading or unloading in a public stockyard, and (e) a point of origin or a point of destination, as those expressions are defined in section 87 of the Act, but does not include (f) a track that is used by a terminal carrier for the transfer of traffic between cars or between a car and a warehouse owned by the terminal carrier, or (g) a track that serves a reload or distribution compound, a container terminal or any other facility operated by a terminal carrier or its agent or for the terminal carrier's own purposes;
"terminal carrier" « transporteur de tête de ligne » "terminal carrier" means a railway company that interswitches traffic at an interchange to or from a siding.
3. (1) These Regulations do not apply
(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
(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.
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.
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:
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
10. For the purpose of subsection 133(1) of the Act and with respect to the formula appearing in that subsection,
SCHEDULE
SOR/88-41 17 December, 1987, pursuant to paragraph 137(1)(a) and subsection 152(4) of the National Transportation Act, into force on 17 December, 1987. 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.
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