Accession consists of records created and/or maintained by the Canadian Transportation Agency. The records include transcripts of the hearing and the items of evidence presented by the Canadian Wheat Board, CN Rail, and CP Rail at the hearing. The finding aid distinguishes between three types of records. Item (Item followed by a 3-digit number) refers to an item of evidence presented for examination at the hearing. 'Blue Set' are the transcripts of open hearings, those sessions where members of the public were permitted to attend. 'Red Set' are the transcripts of in-camera hearings, those sessions where the public was not permitted to attend due to the confidentiality of information being discussed.
In regards to this hearing, CWB filed a complaint with the Canadian Transportation Agency on April 14, 1997. The CWB alleged that CN and CP failed to meet previously established levels for the unloading of wheat and barley at Vancouver and Prince Rupert, British Columbia, and at Thunder Bay, Ontario. The CWB also alleged that CN and CP failed to meet timely delivery commitments for wheat and barley to eastern Canadian ports and that the railway companies failed to meet commitments for rail car supply for the transportation of wheat and barley to the United States. The CWB submitted that as a result of these failures, CN and CP failed to meet their service obligations and that substantial damages and losses occurred to the CWB. The CWB requested that the Agency find that CN and CP had not fulfilled their service obligations from December, 1996 to the date of the complaint and also that the Agency order CN and CP to fulfil their service obligations as described in the complaint.
According to CTA statements, the public hearing commenced in Saskatoon, Saskatchewan on March 30, 1998. The hearing adjourned in Saskatoon, on May 28, 1998, and re-convened in Ottawa on June 4 and June 5, 1998 for the hearing of final argument. In total the Agency sat for 34 hearing days.
On April 17, 1998, during the course of proceedings, the CWB notified the Agency that a confidential commercial resolution of the matter between itself and CN had been achieved, and consequently, the CWB filed a Notice of Discontinuance against CN. As a result, the CWB complaint was continued against CP alone.
Records of the final decision of the CTA are not included in this accession. For context, CTA issued the following statement on Sept. 30, 1998.
"After an analysis of the facts before it, the Agency found that the overall capacity of CP's rail system in the western corridors was severely impaired as a result of storms, blizzards, and other weather related disruptions and that it was not possible for CP to fully meet the unload guidelines established by the Car Allocation Policy Group (CAPG). However, the Agency did find that the assignment of available resources to grain traffic destined to the port of Vancouver differed from that assigned to other bulk commodities. The Agency found this difference in the treatment of grain to be unreasonable, in the circumstances, and was of the view that CP failed to furnish adequate and suitable accommodation for the delivering of CWB grain traffic to Vancouver.
With respect to movements to Thunder Bay and to eastern Canadian ports, the Agency concluded that there was no breach of CP's level of service obligation.
Finally, with respect to the provision of grain cars for the movement of CWB grain into the United States, the Agency found that CP breached its level of service obligations in respect of its hopper car supply contract with the CWB. However, under a "best efforts" arrangement and a verbal arrangement between the CWB and CP for the provision of additional grain cars, the Agency determined that CP met its level of service obligations.
The Agency is of the opinion that the clarification of CP's level of service obligations with respect to the CWB is sufficient to address concerns raised by the CWB as to carrier discrimination, and the Agency expects the railway company to be guided by the Agency's decision in regard to its future activity."
