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Canadian Grain Legislation a Failure in Public Policy, Says CN's Paul M. Tellier.


Business Editors

OTTAWA--(BUSINESS WIRE)--June 6, 2000

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Confiscating Railway Revenues to Subsidize Farm Incomes Will

Further Weaken the Grain Transportation System

The Canadian government's grain reform package announced on May 10 is an abject failure in public policy, said Canadian National President and Chief Executive Officer Paul M. Tellier in Ottawa today. In a presentation to the House of Commons House of Commons: see Parliament.  Standing Committee on Transportation, Mr. Tellier said the government's proposed grain transportation legislation will do nothing to modernize the country's grain handling and distribution system. Instead, it will weaken the system further.

"The federal government failed in its purpose to create a more commercially-oriented grain system," Mr. Tellier told the committee. "The reforms were hijacked by those who saw the legislation as a politically-expedient means of solving the western Canadian grain farm income crisis."

CN has proposed a number of amendments to the draft legislation in an attempt to mitigate some of its worst effects. CN hopes to clear up confusion over the Canadian Wheat Board's role and responsibilities by more clearly defining shipper and carrier relationships, as the bill's current wording makes those relationships even more unclear than before. Other amendments suggested by CN relate to earlier compromises on dispute resolution and branchline abandonment that are not contained in the present package.

The federal legislation largely ignores two years of intensive work by representatives of every sector of the grain industry, Tellier said. In the summer of 1998, the industry agreed to work together to reform a grain handling and transportation system that wasn't responding to the challenges of the intensely competitive world grain market. The federal government then appointed one of Canada's outstanding jurists The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. See also list of lawyers. Antiquity
  • Hammurabi
  • Solomon
  • Manu
  • Chanakya
, Mr. Justice Willard Estey Willard Zebedee "Bud" Estey CC (October 10, 1919 - January 25, 2002) was a Canadian justice of the Supreme Court of Canada.

Estey was born in Saskatoon, Saskatchewan. He was the son of James Wilfred Estey, a puisne justice of the Supreme Court of Canada, and Muriel Baldwin.
, to conduct a full review of the industry.

His review produced 15 recommendations that proposed a more commercially-driven grain transportation system. The federal government agreed with his approach. The Minister of Transport said the report "showed a consensus among stakeholders that the status quo [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy.  is not acceptable and a more commercial system is required."

In May, 1999, the Minister appointed one of Canada's most distinguished public servants, former deputy minister of transport Arthur Kroeger Arthur Kroeger, CC (born 1932) is a retired Canadian civil servant who is referred to as the "dean of deputy ministers".

He received a BA in 1955 from the University of Alberta and was a Rhodes Scholar.
, to advise on means of implementing Justice Estey's recommendations. Mr. Kroeger spent the summer of 1999 in an exhaustive consultation process with the industry, and submitted his report in October, 1999.

The federal government pondered these recommendations for the better part of seven months. When it finally acted, it produced a piece of legislation that ignores most of the work done by Estey, Kroeger and the grain industry.

"Instead of the 12 per cent revenue reduction proposed by Kroeger, we get 18 per cent," said Tellier. "Instead of a gradual phasing-out of the Canadian Wheat Board's controls over grain transportation, we get only partial, timid modifications. Instead of agreed-upon compromises on dispute resolution and branchline abandonment, we get an entirely new and much harsher set of rules."

"An observer could be excused for thinking that Mr. Kroeger and Mr. Justice Estey had wasted their time," Tellier said.

Tellier also told the members of the Committee that CN understood the financial challenges being experienced by western Canada's grain farmers, but that confiscating railway revenues to supplement farm income is a transfer by the government of public responsibility to the private sector.

"That's a shameful practice," said Tellier, "especially when you consider that rail freight rates represent the only farm input costs to have decreased over the last 15 years. They've fallen by 5 per in that time, while other input costs have increased dramatically."

Tellier said grain rates over that time could have decreased even more under a deregulated system. Non-grain bulk freight rates decreased by 35 per cent in that period. If grain rates had been deregulated, similar decreases would likely have occurred.

Tellier warned the committee the 18 per cent reduction in grain freight rail revenues will have consequences. "As a private sector corporation, we make annual commitments to our shareholders," he said. "Those commitments will be met."

Meeting those commitments will entail difficult decisions regarding CN's activities and expenditures in the grain sector and elsewhere across the country. This will affect shippers, suppliers and employees as CN reduces its costs in response to lower revenues.

"We hope we can persuade the federal government to undo some of the worst features of this bill," said Tellier. "In its present form, it fails to address the very weaknesses it was originally meant to solve. In fact, those weaknesses are likely to be made worse. That is the real tragedy."

Canadian National Railway Company Canadian National Railway Company (NYSE: CNI, TSX: CNR) is a Canadian rail transportation company that operates the Canadian National Railway. It was created in December, 1918 as a Crown corporation of the Government of Canada to nationalize several bankrupt rail systems  spans Canada and mid-America, from the Atlantic and Pacific oceans to the Gulf of Mexico Noun 1. Gulf of Mexico - an arm of the Atlantic to the south of the United States and to the east of Mexico
Golfo de Mexico

Atlantic, Atlantic Ocean - the 2nd largest ocean; separates North and South America on the west from Europe and Africa on the east
, serving the ports of Vancouver, Prince Rupert Prince Rupert, city (1991 pop. 16,620), W British Columbia, Canada, on Kaien Island, in Chatham Sound near the mouth of the Skeena River, S of the Alaska border. , B.C., Montreal, Halifax, New Orleans New Orleans (ôr`lēənz –lənz, ôrlēnz`), city (2006 pop. 187,525), coextensive with Orleans parish, SE La., between the Mississippi River and Lake Pontchartrain, 107 mi (172 km) by water from the river mouth; founded , and Mobile, Ala., and the key cities of Toronto, Buffalo, Chicago, Detroit, Memphis, St. Louis, and Jackson, Miss., with connections to all points in North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. .
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