How does the process work?

Complaints must be made in writing to the Secretary of the Agency. A complaint should set out the basis for the complaint and include any supporting information and documentation. The railway company has the right to provide a written answer, and the complainant may file a written reply to the railway’s answer. A copy of each document that is filed with the Agency must be provided to the opposing party.

While the Agency is not required to hear oral evidence from witnesses, it may decide to do so in order to provide other shippers who are subject to the same charges, terms or conditions an opportunity to make presentations to the Agency on the subject.

Transport Canada has indicated that this new remedy is intended to deal with ancillary charges and not line-haul rates. The new legislation does not use this language. It provides for complaints regarding charges “for the movement of traffic” or “for the provision of incidental services” but excludes complaints in respect of “rates for the movement of goods”. In addition, the legislation distinguishes between ancillary charges, terms or conditions related to the movement of traffic and those with the provision of incidental services. The shipper will need to determine into which category the charges, terms or conditions to which the complaint relates belong. This will not always be obvious. The expressions “incidental services”, “charges for the movement of traffic”, and “rates for the movement of goods” are not defined in the Act. As shippers begin to use the new remedy, the Agency will likely be called upon to define the scope of these terms more clearly in response to disputes over whether a particular charge is eligible for review by the Agency or whether the existence of competitive alternatives is relevant in a particular case.