Thank you.
The arbitration remedy applies to applicants who are parties to an arbitration, whether we're talking about an individual or group arbitration. The remedy, in other words the decision rendered by the arbitrator, applies solely—and that's the intent—to applicants, that is to say either to the shipper or to the group of shippers making an application.
It would really be very difficult to extend the scope of the arbitration to the industry as a whole, for a number of reasons. Many members of the industry could file an application for arbitration. Imagine that two shippers file an application for arbitration respecting a rate or price for a subdivision in Saskatchewan. The decision could never apply to the industry as a whole. Certain shippers in the industry could be in Alberta, Ontario or Quebec.
The remedy that applies to the industry is provided for in clause 3 of the bill, which concerns incidental charges. If CN, CP or federal railways file a tariff, that tariff will apply to the industry as a whole, without distinction. Under a new section, an application could be made with the agency, and the agency's decision would compel the railways to amend their tariff. As the tariff already applies to the industry, the effect of the agency's decision would definitely be felt in the industry as a whole. The arbitrary remedy is much more circumscribed. It enables shippers to establish a specific transport contract. From a legal standpoint, I don't see how it would be possible to extend the scope of the remedy determined by the arbitrator to the industry as a whole.
If the purpose of the amendment were to expand the scope of the clause, I must say that I think it produces the contrary effect. It restricts it. The inclusion of the word “equally” in subsection 169.2(2) would have the effect of compelling shippers to prove to the agency, before the arbitration standard is admissible, that the effect of the arbitrator's decision applies identically to all shippers party to the final offer. In practical terms, that's impossible. That will never happen. No two shippers request transportation services from the railways in the same way, use the same services, ship the same volumes or the same products.