Madam Chair, this speaks in particular to level of service. We heard from a number of witnesses some concerns about some of the wording in Bill C-49.
This bill includes an addition to the level of service provisions that requires the agency to dismiss a complaint if it is satisfied that the railway has provided the highest level of service that is reasonable in the circumstances. What we heard was that this unfortunately does not tell shippers what they must prove in order to succeed in a level of service complaint.
If the intent is that unless the railway has provided the highest level of service that is reasonable in the circumstances it will be found in breach of its obligations, then the proposed new subsection should be amended to say so clearly. That's what this amendment is intended to do, Madam Chair.