Regarding forcing supply chain coordination (see Sustainable Transportation, Substitution):
· “75. (1) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that
· (a) a person is substantially affected in his business or is precluded from carrying on business due to his inability to obtain adequate supplies of a product anywhere in a market on usual trade terms,
· (b) the person referred to in paragraph (a) is unable to obtain adequate supplies of the product because of insufficient competition among suppliers of the product in the market,
· (c) the person referred to in paragraph (a) is willing and able to meet the usual trade terms of the supplier or suppliers of the product,
· (d) the product is in ample supply, and
· (e) the refusal to deal is having or is likely to have an adverse effect on competition in a market,
the Tribunal may order that one or more suppliers of the product in the market accept the person as a customer within a specified time on usual trade terms unless, within the specified time, in the case of an article, any customs duties on the article are removed, reduced or remitted and the effect of the removal, reduction or remission is to place the person on an equal footing with other persons who are able to obtain adequate supplies of the article in Canada.”
An additional provision modeled on this one could be added to the legislation to force collaboration on matters that address issues outlined in this paper, for example:
· (a) a person is substantially affected in his business efforts to comply with sustainability provisions or is precluded from carrying on business due to his inability to obtain adequate collaboration along the supply chain,
· (b) the person referred to in paragraph (a) is unable to obtain adequate supplies while reducing negative environmental impacts of the product because of insufficient collaboration among suppliers of the product in the market,
· (c) the person referred to in paragraph (a) is willing and able to meet the usual trade terms of the supplier or suppliers of the product,
· (d) the product is in ample supply, and
· (e) the refusal to collaborate is having or is likely to have an adverse effect on sectoral efforts to improve environmental performance in a market,
