Fair Rail for Grain Farmers Act (S.C. 2014, c. 8)

• Published date: 03 September 2014
• Section: Part III - Acts of Parliament
• Gazette Issue: 2 - [object Object]

S.C. 2014, c. 8

Assented to 2014-05-29

An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures

SUMMARY

This enactment amends the Canada Grain Act to permit the regulation of contracts relating to grain and the arbitration of disputes respecting the provisions of those contracts. It also amends the Canada Transportation Act with respect to railway transportation in order to, among other things,

• (a) require the Canadian National Railway Company and the Canadian Pacific Railway Company to move the minimum amount of grain specified in the Canada Transportation Act or by order of the Governor in Council; and

• (b) facilitate the movement of grain by rail.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Fair Rail for Grain Farmers Act.

R.S., c. G-10CANADA GRAIN ACT

2. The Canada Grain Act is amended by adding the following after section 92:

Marginal note:Arbitration — certain contracts

• 92.1 (1) On the written request of one of the parties to a contract that includes provisions that are required by a regulation made under paragraph 116(1)(s.2), the Commission, a commissioner or a third party appointed by the Commission has capacity to act as an arbitrator in any dispute respecting those provisions.

• Marginal note:Remuneration

  (2) The Commission may fix the remuneration to be paid to it or, if a third party is acting as arbitrator, to the third party for the arbitration.

• Marginal note:Determination of costs

  (3) The Commission shall determine the costs related to the arbitration.

• Marginal note:Allocation of remuneration and costs

  (4) The arbitrator shall decide how to allocate between the parties the payment of the remuneration and the costs to the Commission or the third party, as the case may be.

• Marginal note:Decision binding

  (5) The arbitrator’s decisions are binding on the parties.

• Marginal note:Third-party arbitrator

  (6) If the arbitrator is a third party, the arbitrator’s decisions are deemed to be the Commission’s decisions.

• Marginal note:Order to comply

  (7) The Commission may, by order, require a licensee to comply with a decision made under this section.

Marginal note:1998, c. 22, par. 25(j)(F)

3. Subsections 93(2) and (3) of the Act are replaced by the following:

• Marginal note:Suspension of licence

  (1.1) If the Commission has reasonable grounds to believe that a licensee has failed to comply with an arbitrator’s decision made under section 92.1, the Commission may, by order, suspend the licence for any period not exceeding 30 days that is specified in the order.

• Marginal note:Licensee’s opportunity to be heard

  (2) Subject to subsection (3), the Commission may not make an order under subsection (1) or (1.1) unless the Commission has afforded the licensee or their representative full and ample opportunity to be heard.

• Marginal note:Immediate restriction or suspension

  (3) If, in the circumstances of any particular case, the Commission considers it necessary in the public interest to do so, it may make an order under subsection (1) or (1.1) without first affording a licensee or their representative an opportunity to be heard but, in that event, the Commission shall, as soon as feasible after making the order, afford the licensee a full and ample opportunity to be heard.

4. Subsection 95(1) of the Act is amended by adding the following after paragraph (a):

• (a.1) the licensee has failed to comply with an arbitrator’s decision made under section 92.1;

5. Subsection 116(1) of the Act is amended by adding the following after paragraph (s.1):

• (s.2) respecting provisions to be included in specified classes of contracts relating to grain, including provisions respecting compensation or penalties for breaches of those provisions;

• (s.3) respecting arbitration for the purposes of section 92.1, including rules of procedure, eligibility requirements for requests for arbitration, the qualifications required of third parties to act as arbitrators, the rules of confidentiality and the reporting of decisions;

1996, c. 10CANADA TRANSPORTATION ACT

• 5.1 (1) Subsection 116(4) of the Canada Transportation Act is amended by adding the following after paragraph (c):

  • (c.1) order the company to compensate any person adversely affected for any expenses that they incurred as a result of the company’s failure to...