downloading the PDF - Robson Hall Faculty of Law
downloading the PDF - Robson Hall Faculty of Law
downloading the PDF - Robson Hall Faculty of Law
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
What can be done to address any<br />
continuing imbalance in market<br />
power in <strong>the</strong> GHTS?<br />
Despite <strong>the</strong>ir increased sophistication and scale <strong>of</strong><br />
operation, farmers still operate in a marketplace<br />
where <strong>the</strong> real power rests with <strong>the</strong> railways and <strong>the</strong><br />
grain handlers. Over <strong>the</strong> last 100 years, <strong>the</strong> federal<br />
government has made various forays into <strong>the</strong><br />
regulation <strong>of</strong> <strong>the</strong> GHTS to address that imbalance.<br />
The CWB was simply one <strong>of</strong> <strong>the</strong> most significant and<br />
long-standing <strong>of</strong> <strong>the</strong>se; its removal will not remove<br />
<strong>the</strong> imbalance. There are remedies available under<br />
<strong>the</strong> Canada Transportation Act and <strong>the</strong> Competition<br />
Act, but <strong>the</strong>y have proven to be expensive,<br />
cumbersome and not always effective.<br />
If <strong>the</strong> imbalance remains a significant problem,<br />
some sort <strong>of</strong> fur<strong>the</strong>r regulatory response may well<br />
be required.<br />
Are <strong>the</strong>ir implications for <strong>the</strong> short-line<br />
railways operating in western Canada?<br />
In response to <strong>the</strong> consolidation <strong>of</strong> <strong>the</strong> primary<br />
elevator system resulting in a 95 percent reduction<br />
in <strong>the</strong> number <strong>of</strong> elevators on <strong>the</strong> Prairies over <strong>the</strong><br />
past fifteen to twenty years about a dozen shortline<br />
railways have begun operating on track that<br />
would o<strong>the</strong>rwise have been abandoned by ei<strong>the</strong>r<br />
<strong>of</strong> <strong>the</strong> major railways (CN or CP). “Producer cars”<br />
(railcars loaded directly by farmers ra<strong>the</strong>r than at<br />
primary elevators) comprise <strong>the</strong> vast majority <strong>of</strong><br />
traffic on short-lines. By bypassing <strong>the</strong> primary<br />
elevator system shippers can save significantly in<br />
handling, elevation and o<strong>the</strong>r charges that <strong>the</strong>y<br />
would o<strong>the</strong>rwise pay to a grain company (some<br />
estimates are <strong>of</strong> as much as $1,400 or more per<br />
car). Producer cars undermine grain-handlers’<br />
revenue. Over <strong>the</strong> past decade almost all producer<br />
car shipments (in <strong>the</strong> range <strong>of</strong> 10,000 to 14,000<br />
cars per year) have been <strong>of</strong> “Board grains” (wheat<br />
or barley).<br />
To put it bluntly, traffic on short-lines is at risk <strong>of</strong><br />
drying up unless <strong>the</strong>y find a new business model or<br />
ano<strong>the</strong>r way <strong>of</strong> securing producer car movement.<br />
Are <strong>the</strong>re implications for <strong>the</strong> grain quality<br />
assurance system created under<br />
<strong>the</strong> Canada Grain Act?<br />
U.S. farmers perceive <strong>the</strong>mselves to be at a<br />
disadvantage in accessing <strong>the</strong> GHTS because <strong>of</strong><br />
Canada’s system for regulating <strong>the</strong> high quality <strong>of</strong><br />
grains produced on <strong>the</strong> Prairies. Spokesmen for<br />
U.S. interest groups have stated that <strong>the</strong> CWB was<br />
a “symbol” for <strong>the</strong> entire Canadian grain-marketing<br />
regime, including Canada’s quality assurance<br />
system. The system has already been attacked at<br />
<strong>the</strong> WTO and pressure to abandon or modify <strong>the</strong><br />
system will likely continue.<br />
Should Canada continue to have <strong>the</strong> same interest in<br />
resisting that pressure, particularly if it comes to pass<br />
that <strong>the</strong> companies marketing Canadian wheat are<br />
<strong>the</strong> same ones marketing U.S. wheat?<br />
Are <strong>the</strong>re implications for<br />
supply management?<br />
For over 40 years, government-regulated supply<br />
management has been a cornerstone <strong>of</strong> <strong>the</strong> dairy,<br />
poultry and egg businesses in Canada. Just as<br />
was <strong>the</strong> case with <strong>the</strong> CWB, Canada has defended<br />
repeated attacks on <strong>the</strong> system in trade negotiations<br />
and before <strong>the</strong> domestic and international<br />
courts. Canada is currently pursuing free trade<br />
arrangements with <strong>the</strong> EU and more recently <strong>the</strong><br />
Trans-Pacific Partnership or “TPP” (among o<strong>the</strong>rs).<br />
In both cases supply management is a significant<br />
target for <strong>the</strong> o<strong>the</strong>r side. Dismantling <strong>the</strong> CWB<br />
was also a significant issue in both negotiations;<br />
with it gone <strong>the</strong> pressure on supply management<br />
necessarily mounts.<br />
Can, or should, Canada resist that pressure,<br />
particularly if to do so could threaten its ability<br />
to secure a deal?<br />
What are <strong>the</strong> implications for <strong>the</strong><br />
Port <strong>of</strong> Churchill?<br />
Churchill, Manitoba is Canada’s only deep-water<br />
nor<strong>the</strong>rn port. It is almost entirely reliant on<br />
<strong>the</strong> CWB for its business. Each year more than<br />
90 percent (in some cases 100 percent) <strong>of</strong> <strong>the</strong><br />
traffic has been Board grains. Absent this traffic,<br />
107 ROBSON HALL ALUMNI REPORT