RATES & CHARGES

Different types of disputes can arise in relation to freight rates and other charges. For example, a shipper may be dissatisfied with rates or charges as they are set by the rail carrier. Alternatively, a shipper may accept that a particular charge is in place but believe that it is being incorrectly applied by the rail carrier.

Under the CTA, a federal railway company may not charge a "rate for the movement of traffic" unless it has published that rate in a tariff or the rate is contained in a confidential contract with a shipper. Once a rate for the movement of goods is published in a tariff in accordance with the requirements of the CTA, that rate is the "lawful" rate of the railway company. Similarly, where the parties have entered into a confidential rail transportation contract, the terms of that contract will determine the rates than can legally be charged.