Federal Court Rules in Favour of Port's Power to License Container Trucks

19 July 2006

In a decision handed down on Friday, the Federal Court of Canada sided with the Government of Canada and Vancouver Port Authority (VPA) on the validity of the Federal Cabinet ordering an end to last summer's container trucking dispute. The judgment also confirmed the VPA's authority to implement a licensing system. The Court held that it was permissible for the VPA to require trucking companies to sign on to mediator Vince Ready's Memorandum of Agreement, which established rates paid to container truck drivers in the lower mainland.

"Clearly this is a victory for communities, retailers, businesses and families who depend on the port," said Chris Badger, the VPA's vice president of customer development and operations.

Pro West Transport Ltd. and Team Transport Services Ltd. applied for judicial review of a Cabinet order under section 47 of the Canada Transportation Act that facilitated an end to last summer's container trucking dispute.

In his judgment, Mr. Justice Teitelbaum described how the licensing system and Memorandum of Agreement established during the 90-day period covered by the Order in Council continue to be valid even now that the Order has expired. "Such ongoing impact of section 47 is not only within the jurisdiction of the section, but, in my view, expected by it," wrote Teitelbaum.

The Court's decision means that the VPA can continue its licensing system and reinforces the arbitration board's jurisdiction to settle disputes under the Memorandum of Agreement, including rate-cutting allegations.

"The Court's decision will complement the Strategic Trucking Initiative, which is designed to address the issues underlying last summer's trucking dispute," said Badger. Under this initiative, the port has already extended hours of operation at container terminal truck gates by 40 per cent and is quickly introducing new initiatives for container trucks serving the port, including reservation system and truck safety improvements, as well as emission reduction programs.

The Port of Vancouver is Canada's flagship port, trading more than $43 billion in goods with more than 90 trading economies annually. Port activities generate 69,200 jobs, $4 billion in Gross Domestic Product and $8.9 billion in economic output.

For further information: Anne McMullin, Director, Corporate Communications and Public Affairs, Tel (604) 665-9069, Cell (778) 231-6978, anne.mcmullin@portvancouver.com

Source: newswire

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