Notice of Public Hearing

IN THE MATTER OF a complaint by the Canadian Wheat Board against the Canadian National Railway Company and the Canadian Pacific Railway Company regarding their service obligations for the receiving, carrying and delivering of wheat and barley.


File No. T7375-3/97-1

The Canadian Transportation Agency (hereinafter the Agency) will hold a public hearing commencing on


 Monday, August 11, 1997/ 10:00 a.m.


Sheraton Cavalier Hotel

612 Spadina Crescent East
Saskatoon, Saskatchewan

The hearing will be into the complaint of the Canadian Wheat Board (hereinafter the CWB) against the Canadian National Railway Company (hereinafter CN) and the Canadian Pacific Railway Company (hereinafter CP) regarding their service obligations for the receiving, carrying and delivering of wheat and barley.

Nature of the Complaint

The CWB filed the complaint with the Agency on April 14, 1997 pursuant to section 26, section 37 and sections 113 to 116 of the Canada Transportation Act, S.C. 1996, ch. 10. The CWB alleges 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 alleges 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 submits that as a result of these failures, CN and CP have not met their service obligations and that substantial damages and losses have occurred or will occur to the CWB. The CWB requests that the Agency find that CN and CP have not fulfilled their service obligations from December, 1996 to the date of the complaint and order CN and CP to fulfil their service obligations as described in the complaint.

Participation in the Hearing

Anyone (including interveners on record in this complaint) who has information which is relevant to the complaint and who wishes to participate in the public hearing must so advise the Agency, the CWB, CN and CP in writing no later than July 11, 1997. In your letter you must:

  • provide your name, address and telephone and fax numbers;
  • describe your interest and support or opposition to the complaint;
  • briefly describe the issues you intend to address during the hearing;
  • describe the manner in which you would like to participate in the hearing;
  • advise whether you wish to address the Agency in French (so that the necessary arrangements can be made).

Written Comments

If you wish to comment on the complaint without participating in the public hearing you may do so by writing a letter in the official language of your choice to the Agency, with copies to the CWB, CN and CP, at the addresses set out below, stating your views and enclosing any relevant information. Letters received by July 11, 1997 will become part of the public record and will be considered by the Agency in making its decision.

Canadian Wheat Board
c/o Mr. James E. Foran, Q.C.,
Aikins, MacAulay & Thorvaldson
30th Floor
Commodity Exchange Tower
360 Main Street
Winnipeg, Manitoba
R3C 4G1

Mr. Serge A. Cantin, Q.C.,
System General Counsel
Canadian National Railway Company
Law Department
16th Floor
935 de la Gauchetière, S.W.,
Montréal, Quebec
H3B 2M9

Mr. Paul Guthrie
Canadian Pacific Railway Company
Suite 500 Gulf Canada Square
401-9th Avenue S.W.
Calgary, Alberta
T2P 4Z4

Special Requirements

Anyone requiring particular facilities or services at the public hearing should inform the undersigned no later than July 11, 1997 at the address set out below.

Further Information

Anyone requiring further information about the complaint may contact Mr. David Gervin at (819) 953-9928 or by fax at (819) 953-5564.

June 4, 1997

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