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THE SHIPPING CONFERENCES EXEMPTION ACT
The Shipping Conferences Exemption Act (SCEA)
was amended in 2001, mainly to keep Canada’s conference legislation in balance
with the legislation of its major trading partners.
The amendments to this legislation that came into force on January 30, 2001,
are:
- Shipping conferences are permitted to use electronic means to file
conference documents (other than tariffs) with the Canadian
Transportation Agency (CTA).
- Filing of conference tariffs with the CTA was abolished.
- Shipping conferences are required to provide electronic access to the
public to their tariff information and other publicly accessible conference
documents.
- The period by which an individual conference member must notify its other
conference members of its intention to take independent action on rates and
other service items was reduced from fifteen to five days. Likewise, the
publication requirement of such action was reduced from fifteen to five
days.
- Individual conference members are able to negotiate confidential service
contracts on terms and conditions independent from those established by the
conference.
- Individual conference members are not obligated to provide notice to the
other conference members or divulge any details of that service contract.
- The fine for non-compliance with the Act was raised from $1,000 per day to
$10,000 per day.
Transport Canada continues to monitor developments in the legislation of its
major trading partners relating to shipping conferences with a vision to ensure
that Canada’s conference legislation remains in balance.
November 2006
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