Tuesday, December 11, 2012

Canadian Rail Service Legislation Puts at Risk Innovation and Supply Chain Collaboration, says President and CEO Claude Mongeau


MONTREAL, Dec. 11, 2012 - Claude Mongeau, president and chief executive officer of CN (TSX: CNR) (NYSE: CNI), says that, putting aside normal operational and commercial issues, there is no evidence of systemic rail service performance problems in Canada warranting the federal government's introduction today of legislation to impose level of service obligations on railways through increased regulation.

Mongeau said in a press release: "The objective fact is that Canada has a world-class rail system, one known internationally for efficiency and reliability - a key asset for a trading nation like Canada - and that reflects a well-functioning market for rail services.

"The government's Rail Freight Service Review (RFSR) process launched in 2008 was a key factor in spurring further improvement in rail service. CN addressed every commercial recommendation of the RFSR panel to improve service, entering framework cooperation agreements with a wide array of stakeholders and level of service agreements with many of its customers to increase supply chain collaboration and deepen customer relationships.

"Jim Dinning, while heading the RFSR's railway-shipper facilitation process, recognized this fact, saying in his report that commercial forces were already driving improved rail service and advising the government that shippers should take advantage of the improved customer focus of the rail industry. In recent years, CN has launched a comprehensive series of commercial initiatives that benefit our supply chain partners and the Canadian economy."

In a press release Mongeau added: "CN is committed to helping its customers be more competitive in markets at home and abroad through better service and a relentless focus on continuous improvement.

"This is why I am troubled by the government's decision to introduce service legislation that is inconsistent with the facts underscoring improved rail service, as well as the government's stated agenda of innovation and productivity to foster economic prosperity for Canadians.  I also believe the legislation sends mixed signals to customers and suppliers around the world about the government's approach to commercial markets in Canada. CN invites the government to identify specific, systemic service issues that warrant this legislation. We are ready to address any legitimate problems brought to our attention, in the same way we addressed all the commercial recommendations of the RFSR panel. We will continue to make our case that a commercial framework for the rail industry is what Canada needs to foster prosperity."

"CN is a true backbone of the Canadian economy. We are central to sustained economic growth, helping take the nation's goods and commodities to market efficiently and reliably. Canada should not put the commercial framework of its rail system at risk through unnecessary and overly burdensome rail regulation. Such an approach would stifle innovation, chill the positive service momentum that's taken hold and result in potentially unintended consequences for the rail industry and the customers we serve."

Forward-Looking Statements: Certain information included in this news release constitutes "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995 and under Canadian securities laws. CN cautions that, by their nature, these forward-looking statements involve risks, uncertainties and assumptions.  The Company cautions that its assumptions may not materialize and that current economic conditions render such assumptions, although reasonable at the time they were made, subject to greater uncertainty. Such forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties and other factors which may cause the actual results or performance of the Company or the rail industry to be materially different from the outlook or any future results or performance implied by such statements. Important factors that could affect the above forward-looking statements include, but are not limited to, the effects of general economic and business conditions, industry competition, inflation, currency and interest rate fluctuations, changes in fuel prices, legislative and/or regulatory developments, compliance with environmental laws and regulations, actions by regulators, various events which could disrupt operations, including natural events such as severe weather, droughts, floods and earthquakes, labor negotiations and disruptions, environmental claims, uncertainties of investigations, proceedings or other types of claims and litigation, risks and liabilities arising from derailments, and other risks and assumptions detailed from time to time in reports filed by CN with securities regulators in Canada and the United States. Reference should be made to "Management's Discussion and Analysis" in CN's annual and interim reports, Annual Information Form and Form 40-F filed with Canadian and U.S. securities regulators, available on CN's website, for a summary of major risks. CN assumes no obligation to update or revise forward-looking statements to reflect future events, changes in circumstances, or changes in beliefs, unless required by applicable Canadian securities laws. In the event CN does update any forward-looking statement, no inference should be made that CN will make additional updates with respect to that statement, related matters, or any other forward-looking statement.