I think I can summarize my hon. friend's argument under three headings. In the first place he urges that " similar circumstances and conditions" means that in some cases certain competitive shippers might find themselves embarrassed because goods might be different and the lines or directions of traffic might be different. Competitive shipping, competition between shippers, does not exist with respect to different types of goods. Under the Railway Act, the rate structure is predicated upon similarity of circumstances and conditions. There is no departure from that principle in this bill. The words used prohibit unfair or unjust discrimination when traffic is moving under similar circumstances and conditions. This is the very principle of the Railway Act. To be able to allege unjust or unfair discrimination you must show that traffic of a similar nature, moving in a similar direction, under similar circumstances and conditions, is being charged at an unfair rate. In this act, if different goods are moving in different directions, under different circumstances and conditions, namely by highway, how could unjust or unfair discrimination be alleged?
My hon. friend further alleges that " agreed charges," referred to in section 35, are a departure from the underlying principles of the Railway Act. I submit that that is not so. Under the Railway Act there are three different types of rates:
1. Standard mileage rates, which must be approved by the board. These rates are maximum rates. They cannot be exceeded; they must be submitted, approved and published. The board, after hearing, determines the maximum mileage rates permissible.
2. Special tariffs, applicable to lumber, grain or other commodities moving in large volume, in trainload lots, carload lots, with respect to which there are special loading or unloading conditions or ceritain market conditions which permit, the particular commodity to be treated in a class by itself.
3. Competitive rates, which in their managerial discretion carriers may publish to retain traffic which would otherwise go to rail or water competitors. Competitive rates need not be approved by the board. They are under the level prescribed by the standard mileage rates, and they can be published, and put into effect unless complained of.