The Board of Transport
Commissioners for Canada
Commission des Transports
du Canada

Order no. G.O. 752

Thursday, the 26th of
April, A.D. 1951

In the matter of the application of The Railway Association of Canada, for and on behalf of its member lines operating in Canada, under Sections 38, 34, 45, 312 and all other relevant Sections of the Railway Act, for an Order requiring all railways within the Boards jurisdiction to reinstate at the earliest possible date and to continue in effect until rescinded by the Board, regulations covering the Maximum Loading of railway freight cars and Special Penalty Charges for delay to freight cars as provided for in Canadian Freight Association Tariff No. 67, C.T.C. No. 1416, which tariff was suspended effective April 1, 1949, in compliance with Board's Order No. 72003, dated February 15, 1949.

43356. 8.

M. B. Archibald
Chief Commissioner

Armand Sylvestre
Deputy Chief Commissioner

F. M. MacPherson
Commissioner

Upon hearing the application at the sittings of the Board held at Ottawa on March 30 and April 3, 1951, in the presence of counsel for The Railway Association of Canada, the Canadian Pacific Railway Company and the Canadian National Railways and counsel for and representatives of the Canned Foods Association of Ontario and Canadian Food Processors Association, Canadian Fruit Wholesalers Association, Southern Ontario Fruit and Vegetable Shippers Association, the Montréal Board of Trade, Dominion Glass Company Limited, Fish Council of Canada, Canadian Manufacturers Association, Canadian Electrical Manufacturers Association, Transportation Commission of Maritime Board of Trade, Toronto Board of Trade, Canadian Lumbermen's. Association, Canadian Industrial Traffic League, and Horticulture Council of Canada—

It is ordered

  1. That the application be, and it is hereby, dismissed;
  2. That General Order No. 201 be, and it is hereby, amended by striking out Rule 9 of the Canadian Car Demurrage Rules in the said General Order set out and substituting therefor the following:
  3. 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, Three Dollars.
    For the second day, or fraction thereof, of delay, Three Dollars.
    For the third day, or fraction thereof, of delay, Five Dollars.
    For the fourth day, or fraction thereof, of delay, Five Dollars.
    For the fifth and each succeeding day or fraction thereof, of delay, Seven Dollars.
  4. That the provisions of paragraph numbered 2 hereof shall come into force on the first day of May, 1951.

M. B. Archibald
Chief Commissioner,
The Board of Transport Commissioners for Canada.