Memorandum of Understanding between the Canadian Transportation Agency and the Secretariat of Communications and Transports of the United Mexican States concerning Engagement and Information Sharing

The Canadian Transportation Agency (the “Agency”) and the Secretariat of Communications and Transports of the United Mexican States, through the Rail Transport Regulatory Agency (the “ARTF”), hereinafter referred to as the “Participants”,

Considering that the Agency is an independent, quasi-judicial Canadian tribunal and regulator which has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court;

Considering that the Agency has three core mandates: helping to keep the national transportation system running efficiently and smoothly, protecting the fundamental right of persons with disabilities to accessible transportation services, and providing consumer protection for air passengers and that, to help advance these mandates, the Agency makes and enforces ground rules that establish the rights and responsibilities of transportation service providers and users and level the playing field among competitors, resolves disputes using a range of tools from facilitation and mediation to arbitration and adjudication, and ensures that transportation providers and users are aware of their rights and responsibilities and how the Agency can help them;

Considering that the ARTF is a Mexican federal regulatory agency whose purpose is to regulate, promote, monitor and verify the construction, operation, conservation, maintenance of the railway infrastructure and the provision of the public rail transport service and its ancillary services, guarantee railway interconnectivity when they are general roads of communication, foster the interrelation of railway terminals and multimodal operations, and impose sanctions when dispositions are not me;

Considering that they serve as governmental agencies with decision-making authorities and regulatory roles associated with rail transportation;

Considering that they each have mandates that impact upon transportation by rail within their respective countries;

Recognizing the importance of engagement and sharing of information to support independent consideration of potential approaches to foster and promote best practices in their respective regulatory actions;

Have come to the following understanding:

1. Purpose

The purpose of this Memorandum of Understanding (MOU) is to facilitate cooperation and information sharing between the Participants on:

(a) approaches and best practices related to the discharge of their adjudicative and regulatory mandates; and,

(b) developments in rail transportation.

2. Areas of Cooperation

The Participants will cooperate by promoting ongoing open information exchanges through:

(a) staff engagement; and,

(b) an annual Chair-level meeting, to be scheduled at a mutually determined date.

3. Confidentiality and Release of Information

The Participants will exchange non-confidential information or information that may be released in accordance with their respective national laws.

4. Financial Arrangements

Each Participant, subject to the availability of its resources, will pay the costs that it incurs in conducting activities under this MOU.

5. Notification

The Participants designate the following as their contact for Notices and communications under this MOU:

(a)       For the Agency:

Chief Strategy Officer
Analysis and Outreach Branch
Canadian Transportation Agency
19th Floor, 15 Eddy Street
Gatineau, Quebec

(b)       For the ARTF:

Director General de Estudios, Estadística y Registro Ferroviario Mexicano
Agencia Reguladora del Transporte Ferroviario
Nueva York 115, 2º piso,
Colonia Nápoles, CP 03810

6. Status

This MOU is not legally binding.

7. Final Dispositions

(a) This MOU will take effect on the date of its last signature by the Participants.
(b) The Participants may modify this MOU upon their mutual written consent.
(c) Either Participant may discontinue its participation in this MOU by giving (30) days written notice to the other Participant.

Signed in duplicate at Mexico, on this 6 day of February 2018, in the English, French and Spanish languages, each version being equally valid.

For the Canadian Transportation Agency

Scott Streiner

Chair and CEO
Canadian Transportation Agency

For the Secretariat of Communications and Transports of the United Mexican States

Benjamín Alemán Castilla

Chief Executive
Rail Transport Regulatory Agency

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