Railways want Ottawa to loosen hauling rules

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Published: October 20, 2016

WINNIPEG (Reuters) — Canada’s big railways are pressing Ottawa to loosen rules around hauling the country’s crops.

They say the changes would improve efficiency, but farmers fear would they weaken their bargaining power.

A February report by former cabinet minister David Emerson recommended that Ottawa institute transportation system changes, including phasing out a 16-year-old cap on revenue that Canadian National Railway and Canadian Pacific Railway earn hauling western grain.

Transport Minister Marc Garneau has spent months meeting shippers and railways, and had a last meeting scheduled for Oct. 20 with farmers. He will announce decisions this autumn, spokesperson Marc Roy said.

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Railways struggled to move the huge 2013 harvest during a harsh winter, angering farmers. The former Conservative government imposed grain volume minimums and expanded interswitching, the transfer of cars from one railway’s line to another’s.

Expanded interswitching re-mains, while Ottawa removed monthly grain minimums but kept the authority to impose them.

Railways say the measures, including the revenue cap, distort markets and offer less reason to invest.

“We can buy more modern cars, larger capacity cars if we let the commercial process work,” CP chief operating officer Keith Creel said. “Mistrust between the railway and the farmer is going to have to be healed for that to happen.”

CP asked Ottawa to scrap the cap and eliminate expanded interswitching, which allows U.S.-based BNSF Railway to take certain Canadian shipments without adequately compensating railways for using their railroad, Creel said.

BNSF declined to comment on compensation. The railway has not made requests to Ottawa regarding interswitching, said spokesperson Mike Trevino.

CN wants Ottawa to move away from regulated volumes, expanded interswitching and the cap, said spokesperson Kate Fenske.

Farmers fear they won’t get fair treatment without the cap.

“There isn’t competition in the system,” said Ron Bonnett, president of the Canadian Federation of Agriculture.

Grain companies want Ottawa to preserve interswitching, which introduced needed competition, said Wade Sobkowich, executive director of Western Grain Elevator Association, whose members include Richardson International and Viterra.

Canpotex, the offshore potash exporter for PotashCorp, Mosaic Co. and Agrium Inc., wants equal treatment of commodities, and no reinstatement of grain minimums, said chief executive officer Ken Seitz.

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