Mark Eyking moved, — That Bill C-30, in Clause 8, be amended by adding after line 6 on page 5 the following:
“(1.2) Without restricting the generality of the term referred to in this section, “service obligations” includes obligations in respect of
(a) the timeliness and frequency of the receiving and the delivery of traffic by the railway company;
(b) dwell times, estimated times of arrival, transit times and cycle times regarding the carriage of traffic;
(c) the quantity, condition and types of rolling stock to be provided by the railway company;
(d) the furnishing of adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;
(e) accommodation and facilities for the exchange of information regarding the billing, receiving, carriage and delivery of traffic; and
(f) car order fulfillment, car spotting performance and car placement at destination.
(1.3) For greater certainty, a railway company shall be considered to have fulfilled its service obligations if it has carried them out in a manner that meets the rail transportation needs of the shipper.
(1.4) Despite any other provision in this Act, in any arbitration under this section, the Agency shall, at the request of the shipper, include terms governing the manner in which the existence of a railway service failure will be determined and the manner in which damages or penalties are to be assessed and paid to the shipper for losses resulting from any such failure, provided that those terms are reciprocal in respect of obligation or performance failures on the part of the shipper.”