SERVICE ISSUES
The CTA imposes a statutory obligation on railway companies to provide suitable and adequate accommodation for traffic. The level of service provisions in the CTA provide for a complaint process that may be initiated by a shipper who is experiencing service deficiencies. This complaint process has been used to address all aspects of rail service, including car supply, service frequency, allocation of locomotive power and infrastructure requirements. The provisions have also been successfully relied upon by a shipper to enforce its right to determine the routing of its traffic.
The Agency has extensive remedial powers which include the ability to order the railway to allot, distribute and use cars, locomotives and other equipment as directed by the Agency and to acquire whatever property may be needed to provide proper service. In the case of grain dependent branch lines, the Agency also has the ability to order running rights in favour of another railway company.
The process is commenced by a written complaint to the Agency. The railway company is required to respond in writing to the complaint, and the Agency may require further information to be exchanged and may hold an oral hearing in order to investigate the matter. A decision will normally be rendered within 120 days, although the Agency has the ability to expedite the process in urgent matters.
The Agency does not have the ability to order the railway company to pay compensation for past losses arising from service deficiencies. However, once the Agency determines that a railway company has failed in its service obligations, that finding can be used as the basis of a claim for damages in a court proceeding.











