The Canadian Transportation Agency has issued its decision on a complaint filed by Naber Seed & Grain Company Limited over whether the Canadian National Railway Company failed to provide adequate and suitable accommodation for the carriage of bulk products.
According to Canada News Wire, the CTA has decided that CN has failed to provide NSG with a reasonable level of service and, as a result, has breached its common carrier obligations under sections 113 to 115 of the Canada Transportation Act (CTA).
The complaint was on an alleged shortage of railway hopper cars provided by CN during Grain Weeks 6 to 17 (September 3 – November 22, 2000). Under section 113 of the CTA, a railway company must provide, according to its powers, adequate and suitable accommodation for the receiving, loading, carrying, unloading and delivering of all traffic offered for carriage on its railway. Section 116 confers upon the Agency the authority to investigate a complaint in respect of the level of service offered.
In its decision, the Agency stated that CN could have resolved the complaint by communicating openly and effectively with NSG in order to agree on an allocation of cars. CN must now negotiate a service arrangement and communication procedures with NSG and the Agency will monitor the situation.
CN and NSG will be required to file reports every two weeks from September, 2001 to December, 2001 indicating the number of cars by type requested by NSG and the number of cars by type provided by CN. Where the number of cars ordered are not provided, CN is to provide justification for the shortfall.
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