Amended by
G.O. 752

The Board of
Railway Commissioners for Canada.

Order no. G.O. 201

Wednesday, the 1st of
August, A.D. 1917

In the matter of the application of the Canadian Car Service Bureau and of the Canadian Freight Association, for and on behalf of the railway companies subject to the jurisdiction of the Board and operating in Canada east and west of Port Arthur, Ont., respectively, for approval of a proposed code of Car Demurrage rules to supersede the Canadian Car Service Rules prescribed by the order of the Board No. 906 (General order No. 1), dated January 25, 1906:

1700

H. L. Drayton
Chief Commissioner

D'Arcy Scott
Assistant Chief Commissioner

W. B. Nantel
Deputy Chief Commissioner

S. J. McLean
Commissioner

A. S. Goodeve
Commissioner

Notice of the application having been served, under the direction of the Board, upon different shippers' organizations affected; and upon hearing the application at the sittings of the Board held at the following places and upon the dates following, namely: Victoria, Vancouver, and Nelson, in the province of British Columbia; Calgary and Edmonton, in the province of Alberta; Saskatoon and Regina, in the province of Saskatchewan; Winnipeg, in the province of Manitoba; Fort William, Toronto, and Ottawa, in the province of Ontario; and Montréal, in the province of Québec, on the 5th, 6th 16th 18th, 19th, 20th, 21st, 22nd, and 25th days of June, 1917, respectively, and on the 5th day of July, the Canadian Manufacturers' Association, the Calgary Board of Trade, the Canadian Freight Association, the Canadian Car Service Bureau, the Swift Canadian Company, the Ashdown Hardware Company, the Western Retail Lumbermen's Association, the Winnipeg Implement Dealers' Association, The Miller & Morse Hardware Company, the Winnipeg Plate Glass Company, the Macdonald Hardware Company, and the Canadian Pacific, Grand Trunk, Grand Trunk Pacific, and Canadian Northern Railway Companies being represented at one or the other of the said sittings, the evidence offered, and what was alleged; and upon reading the written submissions filed in support of the application and on behalf of the shippers' organizations and interests affected; and upon the recommendation of the Chief Traffic Officer of the Board,—

It is ordered: That the rules hereinafter set forth shall be known as the Canadian Car Demurrage Rules, superseding the Canadian Car Service Rules prescribed by the order of the Board No. 906 (general order No. 1), dated January 25, 1906:—

Rule 1.—Cars Subject to these Rules.

Cars held for or by consignor or consignee for loading, unloading, forwarding directions, or for any other purpose. Exceptions.

  1. Private cars (loaded or empty) on private tracks of the car owner.
  2. Empty private cars stored on carriers' or private tracks.
  3. Cars containing freight for transhipment to vessel, when moving on through bill of lading and held at railway terminal awaiting boat.

Rule 2.—Notification.

  1. Notice shall be sent or given the consignee by the carriers' agent in writing, or as otherwise agreed to in writing by carrier and consignee, with all despatch after arrival of the car and billing; such notice to show the point of shipment, car initials and number and the contents, also the initials and number of the original car if transhipped in transit. If notice is mailed the consignee shall be held to have been notified at 7 o'clock a.m. following the date of mailing.
  2. The carrier shall notify the consignee or his carter on application, where his car has been placed for unloading. Any time within the free-time allowance lost to the consignee by default of the carrier in giving such information shall be added to the free-time allowance.

  3. Delivery of cars upon private sidings or industrial interchange tracks shall constitute notification thereof to the consignee. If such delivery cannot be made owing to such tracks being fully occupied, or from any other cause beyond the control of the carrier, written notice of readiness so to deliver shall be given and shall constitute notification to the consignee for the purposes of these rules, in which case the free-time shall be computed from 7 o'clock a.m. of the first following day.
  4. In all cases where notice is required, by removing any part of the contents of the car the consignee shall be considered to have received such notice.

Rule 3.—Free-time Allowance.

  1. Twenty-four hours (one day) after notice of arrival (exclusive of Sundays and legal holidays) shall be allowed for any or all of the following purposes, if necessary:
    1. For clearing customs.
    2. In the case of consignees not served by private sidings or industrial interchange tracks, to give orders for special placement.
    3. For reconsignment or reshipment in same car.
    4. When cars are held in transit for inspection or grading, or are stopped in transit to complete loading, to partly unload, or to partly unload and partly reload, when such privilege of stopping in transit is allowed in the tariffs of the carriers.
  2. If the twenty-four hours allowed for the above mentioned purposes are exceeded demurrage shall be charged.
  3. Forty-eight hours (two days) free-time (exclusive of Sundays and legal holidays) shall be allowed for loading or unloading all commodities.

Exceptions.

  1. In the portion of} Canada, Port Arthur and west, in which the Canada Grain Act applies, twenty-four hours free-time only shall be allowed for loading grain.
  2. Five days free-time shall be allowed at Montréal and at tide-water ports for unloading lumber and hay for export.
  3. Manufacturers, lumbermen, miners, contractors and others, who have their own motive power and handle cars for themselves or others, shall be granted an additional allowance of the time necessary for them to do the switching from and to the designated interchange tracks, but not to exceed twenty-four hours.

Rule 4.—Computing Time.

  1. On cars held for loading, time shall be computed from the first 7 a.m. after placement until loading is completed and proper billing instructions are furnished, except that on cars placed for loading grain at stations west of and including Port Arthur free-time shall be computed under the provisions of The Canada Grain Act.
  2. On cars held for disposal (see Rule 3a), time shall be computed from the first 7 a.m. after the day on which notice of arrival is sent or given to the consignee.
  3. On cars held for unloading, time shall be computed from the first 7 a.m. following placement on public delivery tracks, provided notice of arrival has been sent or given to the consignee.
  4. On cars to be unloaded on private delivery tracks, time shall be computed from the first 7 a-m. after actual or constructive placement on such tracks.
  5. On cars to be loaded or unloaded on tracks of manufacturers, lumbermen, miners, contractors or others, who have their own motive power and handle cars for themselves or others, time shall be computed from the first 7 a.m. following actual or constructive placement on the interchange tracks until returned thereto. Cars returned loaded shall not be recorded released until billing instructions and other necessary data are furnished.
  6. When empty cars are placed for loading on orders and are not used, demurrage shall be charged from the first 7 a.m. after placement until released, without any free time allowance.
  7. When an empty foreign car is placed for loading via a specific route, so as to protect the ownership of the car according to the Car Service Rules, and when loaded is consigned by any other route, demurrage shall be charged until the car is unloaded and released, without any free time allowance.
  8. Time lost to the shipper or consignee through switching of cars, or through any other cause for which the railway company is responsible, shall be added to the free-time allowance.
  9. In computing free-time or demurrage time, Sundays and holidays shall be excluded. The exemption for holidays shall not include half holidays.

Rule 5.—Weather Interference.

  1. If wet or inclement weather, according to local conditions, renders loading or unloading impracticable during business hours, or exposes the goods to damage, the free-time allowance shall be extended so as to give the full free-time of suitable weather. If, however, the cars are not loaded or unloaded within the first forty-eight hours of suitable weather no additional free-time shall be allowed.
  2. Should bulk freight be so frozen in transit, or before placement, as to render unloading impossible within the prescribed free-time, such additional time shall be granted as may be necessary.

Rule 6.—Bunching.

  1. Cars for loading.—When, by reason of delay or irregularity of the carrier in filling orders, cars are bunched and placed for loading in accumulated numbers in excess of daily orders, the shipper shall be allowed such free-time for loading as he would have been entitled to had the cars been placed for loading as ordered.
  2. Cars for unloading or reconsigning.—When, as the result of the act or neglect of any carrier, cars destined for one consignee, at one point, are bunched at originating point, in transit, or at destination, and are delivered by the line carrier in accumulated numbers in excess of daily shipments, the consignee shall be allowed such free time as he would have been entitled to had the cars been delivered in accordance with the daily rate of shipment.

    Claims for refund of demurrage under this rule to be presented to the carrier's agent within fifteen days.

Rule 7.—Placement.

  1. Actual placement is made when a car is placed in a reasonably accessible position for loading or unloading.
  2. Delivery of cars to private sidings or industrial interchange tracks shall be considered to have been made when such cars have been placed thereon, or when they would have been so placed but for some conditions for which the consignee is responsible. When cars cannot be so placed, the carrier shall notify the consignee in writing that he has been unable to deliver the cars because of the condition of the private siding or interchange tracks, or because of other conditions attributable to the consignee. This shall be considered constructive placement.

    Should the delivery require interswitching, the switching carrier shall notify the line carrier when for the aforesaid reason cars cannot be placed, and the latter shall furnish the former with particulars of cars ready for transfer (numbers and initials and points of shipment, contents and consignee, and if transhipped in transit the numbers and initials of the original cars). The switching carrier shall give this information to the consignee, with notification that the said cars are under constructive placement.

  3. When delivery cannot be made on specially designated public delivery tracks on account of such tracks being fully occupied, or from any other cause beyond the control of the carrier, the carrier shall send or give the consignee notice in writing, or as otherwise agreed to by carrier and sonsignee, of its intention to make delivery at the nearest point available to the consignee, naming the point. Such delivery shall be made unless the consignee shall before delivery indicate a preferred available point, in which case the preferred delivery shall be made.

Rule 8.—Customs or Inspection Delays.

Demurrage shall not be collected from the consignee for any delays for which Government or railway officials may be responsible.

Rule 9.—Demurrage Charge.

After the expiration of the free time allowed, the following charges shall be made until the car is released:—

For the first day, or fraction thereof, of delay 1 00
For the second day, or fraction thereof, of delay 2 00
For the third day, or fraction thereof, of delay 3 00
For fourth day, or fraction thereof, of delay 4 00
For fifth and each succeeding day, or fraction of a day 5 00

Rule 10.—Nonpayment.

If payment of demurrage charges properly due on cars held on public delivery tracks be refused, delivery of only the car or cars on which such charges are due shall be withheld by means of sealing or locking, or by placing where such cars shall not be accessible.

If the owners or users of private tracks, or the owners of industrial tracks referred to in rules 3 and 4, refuse to pay any charges which may already be due, delivery of cars to such sidings or tracks shall be suspended, and delivery shall be made on any available public team track until such charges have been paid.

And it is further ordered: That this order become effective August 20, 1917.

H. L. Drayton
Chief Commissioner,
The Board of Railway Commissioners for Canada.