David J. McGuinty moved, — That Bill C-11 be amended by adding after line 15 on page 32 the following new clause:“47.1 The Act is amended by adding the
following after section 169:
169.1 (1) Sections 161 to 169 apply, with
any modifications that the circumstances require,
in the case where more than one shipper
is dissatisfied with any charge or rate charged or
proposed to be charged by a carrier for the
movement of goods or for any incidental
services, or with any term or condition associated
with the movement of goods or any
incidental services.
(2) The matter submitted to the Agency for a
final offer arbitration must be common to all the
shippers, they must make a joint offer in respect
of the matter and the terms of that offer must
apply to all of them equally.
(3) In the case of a matter that is submitted to
the Agency by more than one shipper, the
period referred to in subsection 161.1(1) shall
be 20 days.
(4) In the case of a matter that is submitted to
the Agency by more than one shipper, the
arbitrator may, if he or she considers it
necessary, extend any of the periods referred
to in subsections 163(3) and (4) and paragraph
164.1(a).
(5) Despite paragraph 165(2)(b), in the case
of a matter that is submitted to the Agency by
more than one shipper, the decision of the
arbitrator shall, unless the parties agree otherwise,
be rendered within 120 days or, in the case
of an arbitration conducted in accordance with
section 164.1, 90 days after the day on which
the submission for the final offer arbitration was
received by the Agency.
169.2 (1) Sections 161 to 169 apply, with
any modifications that the circumstances require,
in the case of a person or a group of persons, other than
shippers or carriers, who
is or are subject to a charge or rate charged or
proposed to be charged by a carrier for the
movement of goods or for any incidental
services, or to any term or condition associated
with the movement of goods or any
incidental services.
(2) In the case of a group of persons referred
to in subsection (1), the matter submitted to the
Agency for a final offer arbitration must be
common to all of them, the group must make a
joint offer in respect of the matter and the terms
of that offer must apply to all members of the
group equally.
(3) In the case of a matter submitted to the
Agency by a group of persons referred to in
subsection (1), the period referred to in subsection
161.1(1) shall be 20 days.
(4) In the case of a matter that is submitted to
the Agency by a group of persons referred to in
subsection (1), the arbitrator may, if he or she
considers it necessary, extend any of the periods
referred to in subsections 163(3) and (4) and
paragraph 164.1(a).
(5) Despite paragraph 165(2)(b), in the case
of a matter that is submitted to the Agency by a
group of persons referred to in subsection (1),
the decision of the arbitrator shall, unless the
parties agree otherwise, be rendered within 120
days or, in the case of an arbitration conducted
in accordance with section 164.1, 90 days after
the day on which the submission for the final
offer arbitration was received by the Agency.
169.3 (1) The parties to a final offer arbitration
may, by agreement, refer to a mediator,
which may be the Agency, a matter that has
been submitted for a final offer arbitration.
(2) All matters relating to the mediation shall
be kept confidential, unless the parties otherwise
agree, and information provided by a party for
the purposes of the mediation shall not be used
for any other purpose without the consent of
that party.
(3) Unless the parties otherwise agree, the
mediation shall be completed within 30 days
after the matter is referred for mediation.
(4) The mediation has the effect of
(a) staying the conduct of the final offer
arbitration for the period of the mediation;
and
(b) extending the time within which the
arbitrator must make a decision in the matter
of the final offer arbitration by the period of
the mediation.”