Order no. 8982
|Monday, the 22nd of
November, A.D. 1909
It is ordered as follows:—
- In the event of the consignee of any car or cars of bituminous coal shipped from the United States for final delivery at a point in Ontario, desiring to have such car or cars weighed at the port of entry, he shall be at liberty to give a written notice to the local agent of the railway company receiving such car or cars at such port of entry for delivery or furtherance, that he wishes to have any or all the cars weighed, such notice to be given before the coal is received by such railway companies; and upon the receipt of such notice, it shall be the duty of the company to weigh, free of charge, at such port of entry, all cars covered by the notice.
- Any consignee may give a general or continuing written notice that he wishes to have all such cars consigned to him weighed as above provided.
- For the purpose of such weighing at the port of entry, the cars to be weighed may remain coupled one to another in a train.
- The weighing of coal at the port of entry, under the provisions of this order, shall be under the supervision and control of a Government weigh-master, to be appointed or named by the Minister of Customs, whose duty it shall be to prepare in triplicate a certificate of the weight of the coal in each car weighed.
- The Government weigh-master shall deliver one of the originals of such certificate to the railway company. If desired; attach another to the way-bill, or send it by mall to the consignee; and preserve the third in his possession for further reference if required.
- In case of dispute between the railway company and the consignee as to the weight of coal in cars weighed as hereinbefore provided, the certificate of the weight of such coal by the Government weigh master shall be binding upon the railway company.
- It shall he the duty of the local agent of the railway company at such port of entry to notify the Government weigh-master of the probable hour of arrival from day to day of all cars of coal required to the weighed. in sufficient time to enable the weigh-master to supervise and control the weighing of such coal without unduly delaying the said cars in transit.
- It the railway company has established weigh scales at the point of destination of such coal, the company shall there weigh such car or cars as may be specified in a written notice delivered by the consignee to the agent of the railway company at such point of destination, within 24 hours after the arrival of the coal.
- If the railway company has not established weigh scales at the point of destination of such coal, the company shall, at the weigh-scale point nearest to such point of destination in the direct route, weigh such car or cars as may be specified in a written notice delivered by the consignee to the agent of the railway company at such point of destination, a reasonable time before such car or cars shall have reached the said weigh-scale point.
- For the services required to be performed by the railway company under clauses 8 and 9 hereof, the railway company may charge and collect from the consignee 5¢ for every ton of coal in the car, with a minimum of $1 and a maximum of $2 per carload; but no charge shall be made and no amount collected for such service, if the weight of the coal be more than 500 lbs. less than the weight of the coal at the port of entry, or if, the coal not having been weighed at the port of entry, the weight be more than 500 lbs. less than the weight shown by the weigh bill to be in the car at the time of shipment, plus the weight of the car itself as shown by the tare.
- On notice in writing that he wishes to have the empty car weighed, being given by the consignee of any such coal to the agent at the point of destination of the railway company hauling the same to such point (if a weigh-scale point) within five hours from the unloading of any car containing such coal, the company shall weigh the car at such point, and for such service may charge and collect from the consignee $1 per car; but no such charge shall be made and no amount be collected for such service if the actual weight of the car exceeds the tare marked on it by more than 600 lbs.
- This order shall apply only to ports of entry and points of delivery in Ontario.
- Any person or company affected by this order may, after one year from the date hereof, apply to the Board to vary or rescind it.