The Canadian Transportation Agency has issued an interim order, requiring Canadian National Railway to uphold the terms of its service agreement with grain shipper Louis Dreyfus Commodities Canada Ltd.
CTA officials issued the interim order in early May, less than a month after Louis Dreyfus filed a level of service complaint against the railway, claiming that CN was failing to deliver rail cars and was not upholding the terms of its service contract.
An edited version of the CTA’s interim order was distributed to the media June 12.
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That document stated the CTA has ordered CN “to provide train service for placement of empty cars for loading and pick-up of loaded cars” at Louis Dreyfus’s facilities in Glenavon, Sask., Aberdeen, Sask., Joffre, Alta., and Lyalta, Alta.
The interim order will remain in effect until the CTA hears arguments from both CN and Louis Dreyfus and issues a final decision on a level of service complaint that was filed by Louis Dreyfus against CN April 14.
CTA spokesperson Chantal Laflamme said there is no deadline by which a final ruling in the case must be issued.
“This is an interim decision … on this case and the agency will continue to assess the complaint,” Laflamme said.
“Once they are ready … the agency will issue (a final ruling).”
Historically, the number of level of service complaints filed against railways to the CTA has been low.
This year, however, two groups — Louis Dreyfus and the Canadian Canola Growers Association — filed formal complaints, arguing that CN and/or Canadian Pacific Railway failed to fulfill their contractual obligations.
Laflamme said the Louis Dreyfus complaint will follow its normal course of action, despite the interim ruling.
Both sides in the process will have an opportunity to submit arguments and responses.
When the “pleading process” is complete, the CTA will normally issue a final decision within 90 days.
