WHEREAS rail congestion has led to the likelihood that the record 2013 crop will lead to record carry out volumes; and

WHEREAS the monopoly of CP and CN in their respective corridors ensures there is no serious competition in rail transport of grain; and

WHEREAS rail transport inadequacies are leading to high demurrage and contract extension charges and lower prices for producers; and WHEREAS penalties to shippers are severe when they are unable to meet strict loading requirements, but penalties to CP and CN are insignificant for non-performance; and

WHEREAS importers are finding sellers other than Canada due to poor performance;

BE IT RESOLVED that SARM recommend that Bill C-52 be amended to include the following provisions:

1. That the Canadian Transport Agency (CTA) award damages to shippers where warranted;

2. That shippers be penalized for cancelled orders;

3. That the CTA be given investigative powers;

4. That poor service penalties to railways are outside of the Revenue Cap;

5. That railways provide a weekly service plan, renewed daily;

6. That performance standards act as a contract;

7. That infrastructure investment is mandatory;

8. That government search for means of real competition, including separating ownership of the rail lines and rolling stock;

9. That the provisions of the Revenue Cap remain in place; and

10. That an arbitrator be appointed to resolve disputes quickly.