Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))

Marginal note:Certification of documents

8 Every document filed with the Agency pursuant to section 6 shall be certified as being a true copy by a person designated for that purpose by the member of the conference filing it or causing it to be filed.

Giving of Notices

Marginal note:Notice of increase in rate

• 9 (1) Where the members of a conference propose to increase any rate in a tariff, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed increase, notice in writing thereof at least thirty days before the date on which the proposed increase is to become effective.

• Marginal note:Notice of surcharge or increase in surcharge

  (2) Where the members of a conference propose to impose a surcharge or increase a surcharge, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed surcharge or increase, notice in writing thereof at least fourteen days before the date on which the proposed surcharge or increase is to become effective.

Marginal note:Notice of amendment to loyalty contract or tariff

10 Where the members of a conference propose to amend any standard form of loyalty contract or propose to amend any tariff other than by increasing any rate therein, every member of the conference shall give or cause to be given to the Agency notice in writing thereof not later than the date on which the proposed amendment is to become effective.

Disclosure of Service Contracts

Marginal note:Communication of information

11 Except as authorized under section 12 and subsection 14(2), no person engaged in the administration of this Act shall

• (a) knowingly communicate or knowingly allow to be communicated to any person any information contained in any copy of a service contract that has been filed with the Agency pursuant to section 6; or

• (b) knowingly allow any person to inspect or have access to any such copy.

Marginal note:Exception

12 A person engaged in the administration of this Act may communicate or allow to be communicated information contained in a copy of a service contract that has been filed with the Agency pursuant to section 6 or may allow inspection of or access to any such copy to or by

• (a) any other person engaged in the administration of this Act; or

• (b) any person authorized in writing by the parties to the service contract.

Investigation of Complaints

Marginal note:Filing of complaints

• 13 (1) Subject to subsection (5), where any person, including the Commissioner, has reason to believe that

  • (a) any conference agreement or interconference agreement, a copy or description of which is required to be filed with the Agency by a member of a conference pursuant to section 6, or

  • (b) any practice of a conference or of any member thereof,

  has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, that person may file a complaint with the Agency and the Agency may make such investigation of the complaint as in its opinion is warranted.

• Marginal note:Agency may make order

  (2) If, after completing an investigation commenced pursuant to subsection (1), the Agency finds that the conference agreement, interconference agreement or practice has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Agency may make an order requiring the parties to the agreement or the members of the conference engaging in the practice to remove the offending feature of the agreement or to stop the practice or may make any other order as in the circumstances the Agency considers necessary.

• Marginal note:Agency may consider service contracts

  (3) In conducting an investigation under subsection (1), the Agency may take into consideration the contents of any service contract.

• Marginal note:Agency may hold public hearings

  (4) In conducting an investigation under subsection (1), the Agency may hold public hearings or may decide the matter on the basis of documents filed with the Agency.

• (5) [Repealed, 1996, c. 10, s. 271]

• Marginal note:Operation of Competition Act

  (6) Nothing in this section affects the operation of the Competition Act in respect of its application to

  • (a) any conference agreement or interconference agreement that is not exempt from the application of that Act by virtue of section 4; or

  • (b) any practice of a conference or of any member thereof.

Marginal note:Agency shall notify Commissioner

• 14 (1) The Agency shall give notice to the Commissioner of every complaint filed under subsection 13(1) by any person other than the Commissioner.

• Marginal note:Commissioner may have access to documents

  (2) Where the Commissioner intends to make representations to or call evidence before the Agency pursuant to section 125 of the Competition Act in respect of a complaint filed under subsection 13(1) by a person other than the Commissioner and gives notice thereof to the Agency, the Agency shall make available to the Commissioner for examination all relevant documents filed with the Agency including copies of any service contracts.

Marginal note:Agency must render decision within 120 days

15 The Agency shall render a decision on a complaint filed under subsection 13(1) not later than one hundred and twenty days after the filing of the complaint unless the parties thereto agree to an extension.

Investigation of Conference

Marginal note:Inquiry by Commissioner

• 16 (1) Notwithstanding section 3, the Commissioner on his own initiative may, and on direction from the Minister of Industry shall, carry out an inquiry concerning the operations of any conference and the effect that practices of the conference have in limiting facilities for the transportation of any goods, preventing or lessening competition in the transportation of any goods or restraining or injuring trade or commerce in relation to any goods.

• Marginal note:Deemed inquiry under Competition Act

  (2) Any inquiry carried out by the Commissioner pursuant to subsection (1) shall be deemed to be an inquiry under section 10 of the Competition Act.

• Marginal note:Use of evidence

  (3) The Commissioner may bring to the Agency any evidence or material obtained in the course of an inquiry under this section that in the opinion of the Commissioner is relevant to any complaint filed with the Agency under subsection 13(1) and, for greater certainty, may take any other action authorized to be taken by the Commissioner under the Competition Act in relation to that evidence or material.

Inspection and Destruction of Documents

Marginal note:Inspection of documents

• 17 (1) Subject to subsection (2), every document filed pursuant to section 6, other than a copy of a service contract, and every notice given pursuant to section 9 or 10 shall, on application, be made available for inspection by any person during the regular business hours of the Agency.

• Marginal note:Destruction of documents

  (2) The Agency may, five years after the date they are no longer in effect, destroy those documents filed with or given to the Agency or the Canadian Transport Commission pursuant to this Act, the Shipping Conferences Exemption Act, chapter 39 of the Revised Statutes of Canada, 1970 (1st Supp.), or the Shipping Conferences Exemption Act that, in its opinion, are no longer necessary for the administration of this Act.

Offices

Marginal note:Office in Canada

18 Members of a conference shall maintain jointly an office in that region of Canada where they operate.

Inspection of Documents

Marginal note:Availability of certain documents

• 19 (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of

  • (a) all documents in force, other than service contracts, that have been filed pursuant to section 6;

  • (b) all tariffs in force; and

  • (c) all notices in force that have been given pursuant to section 9 or 10.

• Marginal note:Inspection at member’s office

  (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff.

• Marginal note:Contents of tariff

  (3) Each tariff shall set out

  • (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;

  • (b) the places from and to which every rate referred to in paragraph (a) applies;

  • (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and

  • (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.

Meetings

Marginal note:Meetings

20 Members of a conference engaged in the transportation of goods from any place in Canada to any place outside Canada shall, when reasonably requested in writing by any designated shipper group to do so, meet with the designated shipper group and shall provide the designated shipper group with information sufficient for the satisfactory conduct of the meeting.

Designated Shipper Groups

Marginal note:Minister of Transport may designate

21 The Minister of Transport may designate any organization or association of shippers as representing, in the opinion of the Minister of Transport, for the purposes of this Act, the interests of those shippers.

Regulations

Marginal note:Regulations

• 22 (1) The Governor in Council may make regulations requiring the production by members of a conference at such time or times and in such form and manner as are specified in the regulations, of such information of a type specified in the regulations as is in their possession or is reasonably available to them and as may reasonably be regarded as necessary to enable the Agency to effectively supervise the activities of members of the conference relating to the conference and concerning Canada.

• Marginal note:Confidentiality

  (2) Where information that is in its nature confidential and that relates to the business of a member of a conference is produced pursuant to any regulations made pursuant to subsection (1), the information shall not be made public in such a manner as to be available for the use of any business competitor of the persons to whom the information relates.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations respecting access, through an electronic network, to documents filed with the Agency in accordance with section 6 and the fees to be paid for the use of this service.

• Marginal note:Publication of proposed regulations

  (4) Subject to subsection (5), a copy of each regulation that the Governor in Council proposes to make pursuant to subsection (1) or (3) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

• Marginal note:Exception

  (5) No proposed regulation need be published more than once under subsection (4) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection.