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Disclaimer: These documents are not the official versions (more).
CANADA TRANSPORTATION ACTOrder Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British ColumbiaSOR/2005-232
ORDER AUTHORIZING NEGOTIATIONS FOR THE SETTLEMENT OF THE DISPUTE CAUSING THE EXTRAORDINARY DISRUPTION OF THE NATIONAL TRANSPORTATION SYSTEM IN RELATION TO CONTAINER MOVEMENTS INTO AND OUT OF CERTAIN PORTS IN BRITISH COLUMBIA
1. The following definitions apply in this Order. "dispute" « conflit » "dispute" means the dispute currently causing an extraordinary disruption to the effective continued operation of the national transportation system by disrupting the movement by truck of containers into and out of the ports.
"designated period" « période désignée » "designated period" means the period designated in section 4.
"facilitator" « facilitateur » "facilitator" means the facilitator mandated by a minister representing the federal government and a minister representing the Government of British Columbia to facilitate a discussion among the parties referred to in subsection 2(1), the purpose of which is to resolve the dispute.
"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.
"trucker" « camionneur » "trucker" means any truck company or truck owner operator whose commercial transportation activities within the national transportation system involve moving containers into or out of ports.
2. (1) Subject to subsection (2), the facilitator, truckers, shippers, brokers, ports and 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, are authorized under this Order during the designated period 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 person whose activities are under the legislative authority of Parliament that is a party to an agreement for the movement by truck of containers into and out of a port shall comply with the rates, charges and terms and conditions set out in the agreement authorized under subsection 2(1) where the agreement for the movement of containers provides for their application.
APPLICATION TO PORT OF VANCOUVER 3.1 (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.
APPLICATION TO PORT OF FRASER RIVER 3.2 (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. 4. This Order is effective for a period of 90 days after it comes into force.
5. This Order comes into force on the day on which it is made.
Establish by: SOR/2005-234 August 4, 2005 pursuant to section 47 of the Canada Transport Act, comes into force August 4, 2005. The definition "ports" in section 1 is replaced; the Order is amended by adding sections 3.1 and 3.2.
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