An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequenceCanada Transportation ActCanada Transportation19965
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C-10.4101996Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Canada Transportation Act.Her MajestyBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.ApplicationApplication generallyThis Act applies in respect of transportation matters under the legislative authority of Parliament.ConflictsSubject to subsection (2), where there is a conflict between any order or regulation made under this Act in respect of a particular mode of transportation and any rule, order or regulation made under any other Act of Parliament in respect of that particular mode of transportation, the order or regulation made under this Act prevails.Competition ActSubject to subsection (3), nothing in or done under the authority of this Act, other than Division IV of Part III, affects the operation of the Competition Act.International agreements respecting air servicesIn the event of any inconsistency or conflict between an international agreement or convention respecting air services to which Canada is a party and the Competition Act, the provisions of the agreement or convention prevail to the extent of the inconsistency or conflict.1996, c. 10, s. 4; 2007, c. 19, s. 1National Transportation PolicyDeclarationIt is declared that a competitive, economic and efficient national transportation system that meets the highest practicable safety and security standards and contributes to a sustainable environment and makes the best use of all modes of transportation at the lowest total cost is essential to serve the needs of its users, advance the well-being of Canadians and enable competitiveness and economic growth in both urban and rural areas throughout Canada. Those objectives are most likely to be achieved whencompetition and market forces, both within and among the various modes of transportation, are the prime agents in providing viable and effective transportation services;regulation and strategic public intervention are used to achieve economic, safety, security, environmental or social outcomes that cannot be achieved satisfactorily by competition and market forces and do not unduly favour, or reduce the inherent advantages of, any particular mode of transportation;rates and conditions do not constitute an undue obstacle to the movement of traffic within Canada or to the export of goods from Canada;the transportation system is accessible without undue obstacle to the mobility of all persons;the transportation system is accessible without barriers to persons with disabilities; andgovernments and the private sector work together for an integrated transportation system.1996, c. 10, s. 5; 2007, c. 19, s. 22019, c. 10, s. 166InterpretationDefinitionsIn this Act,Agency means the Canadian Transportation Agency continued by subsection 7(1); (Office)carrier means a person who is engaged in the transport of goods or passengers by any means of transport under the legislative authority of Parliament; (transporteur)Chairperson means the Chairperson of the Agency; (président)class 1 rail carrier meansthe Canadian National Railway Company,the Canadian Pacific Railway Company,BNSF Railway Company,CSX Transportation, Inc.,Norfolk Southern Railway Company,Union Pacific Railroad Company, andany railway company, as defined in section 87, that is specified in the regulations; (transporteur ferroviaire de catégorie 1)goods includes rolling stock and mail; (marchandises)member means a member of the Agency appointed under subsection 7(2) and includes a temporary member; (membre)Minister means the Minister of Transport; (ministre)radioactive material has the same meaning as in subsection 1(1) of the Packaging and Transport of Nuclear Substances Regulations, 2015. It includes a dangerous good with any of UN numbers 2908 to 2913, 2915 to 2917, 2919, 2977, 2978, 3321 to 3333 and 3507 that are set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods — Model Regulations, Eighteenth revised edition, 2013, published by the United Nations; (matière radioactive)rolling stock includes a locomotive, engine, motor car, tender, snow-plough, flanger and any car or railway equipment that is designed for movement on its wheels on the rails of a railway; (matériel roulant)shipper means a person who sends or receives goods by means of a carrier or intends to do so; (expéditeur)sitting day of Parliament means a day on which either House of Parliament sits; (jour de séance)superior court meansin Ontario, the Superior Court of Justice,in Quebec, the Superior Court,in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,in Nova Scotia, British Columbia, Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court,in Newfoundland and Labrador, the Trial Division of the Supreme Court, andin Nunavut, the Nunavut Court of Justice; (cour supérieure)temporary member means a temporary member of the Agency appointed under subsection 9(1); (membre temporaire)TIH (Toxic Inhalation Hazard) material means a gas or substance that is included in Class 2.3 of the Transportation of Dangerous Goods Regulations or that, under paragraph 2.28(c) of those Regulations, is included in Class 6.1 of those Regulations. It includes a dangerous good with a UN number that is set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods – Model Regulations, Eighteenth revised edition, 2013, published by the United Nations and that is listed in Schedule III; (matière toxique par inhalation)Vice-Chairperson means the Vice-Chairperson of the Agency. (vice-président)1996, c. 10, s. 6; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 20; 2002, c. 7, s. 114(E); 2015, c. 3, s. 29, c. 31, s. 2; 2018, c. 10, s. 2Power of the Governor in CouncilGovernor in CouncilThe Governor in Council may make regulations specifying railway companies for the purpose of paragraph (g) of the definition class 1 rail carrier.2018, c. 10, s. 3Designated personThe Governor in Council may, by regulations, designate a person for the purposes of subsections 50(1.001) and (3) and 51(1), (3) and (4).2023, c. 26, s. 436Electronic Administration and EnforcementElectronic meansIf the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means.Designated personsFor greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.DelegateFor greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister.2019, c. 29, s. 214Provision of informationFor the purposes of sections 6.4 and 6.5, providing information includesmaking an application, request or decision;giving notice; andsubmitting a document.2019, c. 29, s. 214Conditions for electronic versionFor the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met ifan electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; andany other condition that is provided for in regulations made under paragraph 6.5(a) is met.2019, c. 29, s. 214RegulationsThe Governor in Council may make regulationsrespecting the application of sections 6.2 and 6.4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means;authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; andrespecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received.2019, c. 29, s. 214ExemptionsApplicationA person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act.InformationThe Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application.Debts to Her MajestyThe Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada.2019, c. 29, s. 215OrderThe Minister may, by order, exempt, for a period of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing.ExtensionThe Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate.Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under this section that applies to a single person or thing.AccessibilityThe Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information.Exemptions under other ActFor greater certainty, the making of an order under subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa.2019, c. 29, s. 215Cost recoveryThe Minister may recover any costs associated with the processing and assessing of an application under section 6.6 and may refuse to make the order requested until those costs are recovered from the applicant.2019, c. 29, s. 215AdministrationCanadian Transportation AgencyContinuation and OrganizationAgency continuedThe agency known as the National Transportation Agency is continued as the Canadian Transportation Agency.Composition of AgencyThe Agency shall consist of not more than five members appointed by the Governor in Council, and such temporary members as are appointed under subsection 9(1), each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.Chairperson and Vice-ChairpersonThe Governor in Council shall designate one of the members appointed under subsection (2) to be the Chairperson of the Agency and one of the other members appointed under that subsection to be the Vice-Chairperson of the Agency.1996, c. 10, s. 7; 2001, c. 27, s. 221; 2007, c. 19, s. 3; 2015, c. 3, s. 30(E)Term of membersEach member appointed under subsection 7(2) shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council.ReappointmentA member appointed under subsection 7(2) is eligible to be reappointed on the expiration of a first or subsequent term of office.Continuation in officeIf a member appointed under subsection 7(2) ceases to hold office, the Chairperson may authorize the member to continue to hear any matter that was before the member on the expiry of the member’s term of office and that member is deemed to be a member of the Agency, but that person’s status as a member does not preclude the appointment of up to five members under subsection 7(2) or up to three temporary members under subsection 9(1).1996, c. 10, s. 8; 2007, c. 19, s. 4; 2015, c. 3, s. 31(E)Temporary membersThe Minister may appoint temporary members of the Agency from the roster of individuals established by the Governor in Council under subsection (2).RosterThe Governor in Council may appoint any individual to a roster of candidates for the purpose of subsection (1).Maximum numberNot more than three temporary members shall hold office at any one time.Term of temporary membersA temporary member shall hold office during good behaviour for a term of not more than one year and may be removed for cause by the Governor in Council.No reappointmentA person who has served two consecutive terms as a temporary member is not, during the twelve months following the completion of the person’s second term, eligible to be reappointed to the Agency as a temporary member.Members — conflicts of interestA member appointed under subsection 7(2) shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise,be engaged in a transportation undertaking or business; orhave an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, unless the distribution is merely incidental to the general merchandising of goods.Temporary members may not hold other officeDuring the term of office of a temporary member, the member shall not accept or hold any office or employment that is inconsistent with the member’s duties under this Act.Disposal of conflict of interestIf an interest referred to in subsection (1) vests in a member appointed under subsection 7(2) for the benefit of the member by will or succession, the member shall, within three months after the vesting, absolutely dispose of the interest.1996, c. 10, s. 10; 2015, c. 3, s. 32(E)RemunerationRemunerationA member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.ExpensesEach member is entitled to be paid reasonable travel and living expenses incurred by the member in carrying out duties under this Act or any other Act of Parliament while absent from the member’s ordinary place of work.Members — retirement pensionsA member appointed under subsection 7(2) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.Temporary members not includedA temporary member is deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.Accident compensationFor the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, a member is deemed to be an employee in the federal public administration.1996, c. 10, s. 12; 2003, c. 22, ss. 224(E), 225(E); 2015, c. 3, s. 33(E)ChairpersonDuties of ChairpersonThe Chairperson is the chief executive officer of the Agency and has the supervision over and direction of the work of the members and its staff, including the apportionment of work among the members and the assignment of members to deal with any matter before the Agency.Absence of ChairpersonIn the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has all the powers and shall perform all the duties and functions of the Chairperson.Absence of both Chairperson and Vice-ChairpersonThe Chairperson may authorize one or more of the members to act as Chairperson for the time being if both the Chairperson and Vice-Chairperson are absent or unable to act.QuorumQuorumSubject to the Agency’s rules, two members constitute a quorum.Quorum lost because of incapacity of memberWhere a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before rendering a decision and quorum is lost as a result, the Chairperson may, with the consent of all the parties to the hearing,if the incapacity or death occurs during the hearing, authorize another member to continue the hearing and render a decision, orif the incapacity or death occurs after the conclusion of the hearing, authorize another member to examine the evidence presented at the hearing and render a decision,and in either case, the quorum in respect of the matter is deemed never to have been lost.Quorum not lost because of incapacity of memberWhere a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing and quorum is not lost as a result, another member may be assigned by the Chairperson to participate in the hearing and in the rendering of a decision.RulesRulesThe Agency may make rules respectingthe sittings of the Agency and the carrying on of its work;the manner of and procedures for dealing with matters and business before the Agency, including the circumstances in which hearings may be held in private; andthe number of members that are required to hear any matter or perform any of the functions of the Agency under this Act or any other Act of Parliament.Head OfficeHead officeThe head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.Residence of membersThe members appointed under subsection 7(2) shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines.1996, c. 10, s. 18; 2007, c. 19, s. 5; 2008, c. 21, s. 61StaffSecretary, officers and employeesThe Secretary of the Agency and the other officers and employees that are necessary for the proper conduct of the business of the Agency shall be appointed in accordance with the Public Service Employment Act.Technical expertsThe Agency may appoint and, subject to any applicable Treasury Board directive, fix the remuneration of experts or persons who have technical or special knowledge to assist the Agency in an advisory capacity in respect of any matter before the Agency.RecordsDuties of SecretaryThe Secretary of the Agency shallmaintain a record in which shall be entered a true copy of every rule, order, decision and regulation of the Agency and any other documents that the Agency requires to be entered in it; andkeep at the Agency’s office a copy of all rules, orders, decisions and regulations of the Agency and the records of proceedings of the Agency.Entries in recordThe entry of a document in the record referred to in paragraph (1)(a) shall constitute the original record of the document.Copies of documents obtainableOn the application of any person, and on payment of a fee fixed by the Agency, the Secretary of the Agency or, in the absence of the Secretary, the person assigned by the Chairperson to act in the absence shall issue under the seal of the Agency to the applicant a certified copy of any rule, order, regulation or any other document that has been issued by the Agency.Judicial notice of documentsJudicial notice shall be taken of a document issued by the Agency under its seal without proof of the signature or official character of the person appearing to have signed it.Evidence of deposited documentsA document purporting to be certified by the Secretary of the Agency as being a true copy of a document deposited or filed with or approved by the Agency, or any portion of such a document, is evidence that the document is so deposited, filed or approved and, if stated in the certificate, of the time when the document was deposited, filed or approved.Powers of AgencyPolicy governs AgencyThe powers, duties and functions of the Agency respecting any matter that comes within its jurisdiction under an Act of Parliament shall be exercised and performed in conformity with any policy direction issued to the Agency under section 43.Agency powers in generalThe Agency has, with respect to all matters necessary or proper for the exercise of its jurisdiction, the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders or regulations and the entry on and inspection of property, all the powers, rights and privileges that are vested in a superior court.Power to award costsSubject to subsections (2) to (4), the Agency has all the powers that the Federal Court has to award costs in any proceeding before it.Costs may be fixed or taxedCosts may be fixed in any case at a sum certain or may be taxed.PaymentThe Agency may direct by whom and to whom costs are to be paid and by whom they are to be taxed and allowed.ScaleThe Agency may make rules specifying a scale under which costs are to be taxed.Compelling observance of obligationsThe Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.ReliefThe Agency may grant the whole or part of an application, or may make any order or grant any further or other relief that the Agency considers appropriate.[Repealed, 2008, c. 5, s. 1]AmendmentsThe Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it.[Repealed, 2008, c. 5, s. 1]1996, c. 10, s. 27; 2008, c. 5, s. 1; 2018, c. 10, s. 4(E)OrdersThe Agency may in any order direct that the order or a portion or provision of it shall come into forceat a future time,on the happening of any contingency, event or condition specified in the order, oron the performance, to the satisfaction of the Agency or a person named by it, of any terms that the Agency may impose on an interested party,and the Agency may direct that the whole or any portion of the order shall have force for a limited time or until the happening of a specified event.Interim ordersThe Agency may, instead of making an order final in the first instance, make an interim order and reserve further directions either for an adjourned hearing of the matter or for further application.Time for making decisionsThe Agency shall make its decision in any proceedings before it as expeditiously as possible, but no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension or this Act or a regulation made under subsection (2) provides otherwise.Period for specified classesThe Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its decision in respect of such classes of proceedings as are specified in the regulation.Pending proceedingsThe fact that a suit, prosecution or proceeding involving a question of fact is pending in any court does not deprive the Agency of jurisdiction to hear and determine the same question of fact.Fact finding is conclusiveThe finding or determination of the Agency on a question of fact within its jurisdiction is binding and conclusive.Review of decisions and ordersThe Agency may review, rescind or vary any decision or order made by it or may re-hear any application before deciding it if, in the opinion of the Agency, since the decision or order or the hearing of the application, there has been a change in the facts or circumstances pertaining to the decision, order or hearing.Enforcement of decision or orderA decision or order of the Agency may be made an order of the Federal Court or of any superior court and is enforceable in the same manner as such an order.ProcedureTo make a decision or order an order of a court, either the usual practice and procedure of the court in such matters may be followed or the Secretary of the Agency may file with the registrar of the court a certified copy of the decision or order, signed by the Chairperson and sealed with the Agency’s seal, at which time the decision or order becomes an order of the court.Effect of variation or rescissionWhere a decision or order that has been made an order of a court is rescinded or varied by a subsequent decision or order of the Agency, the order of the court is deemed to have been cancelled and the subsequent decision or order may be made an order of the court.Option to enforceThe Agency may, before or after one of its decisions or orders is made an order of a court, enforce the decision or order by its own action.1996, c. 10, s. 33; 2002, c. 8, s. 122; 2006, c. 11, s. 17; 2007, c. 19, s. 6Fees and chargesThe Agency may, after consulting with the Minister, make rules respecting the fees and charges to be paid in relation to the administration or enforcement of any provision of this Act or the regulations whose administration or enforcement is the responsibility of the Agency.ConsultationBefore making a rule under subsection (1), the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.Debt due to His MajestyFees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.1996, c. 10, s. 342023, c. 26, s. 452Fees for witnessesEvery person summoned to attend before the Agency under this Part or before a person making an inquiry under this Part shall receive the fees and allowances for so doing that the Agency may, by regulation, prescribe.Approval of regulations requiredEvery regulation made by the Agency under this Act must be made with the approval of the Governor in Council.Advance notice of regulationsThe Agency shall give the Minister notice of every regulation proposed to be made by the Agency under this Act.MediationRequest by partiesIf there is a dispute concerning a matter within the Agency’s jurisdiction, all the parties to the dispute may, by agreement, make a request to the Agency for mediation. On receipt of the request, the Agency shall refer the dispute for mediation.Appointment of mediatorWhen a dispute is referred for mediation, the Chairperson shall appoint one or two persons to mediate the dispute.Mediator not to act in other proceedingsA person who is appointed to mediate a dispute may not act in any other proceedings before the Agency in relation to that matter.Confidentiality of mediationAll matters relating to the mediation of a dispute shall be kept confidential, unless the parties to the dispute otherwise agree, and information provided by a party for the purposes of mediation shall not be used for any other purpose without the consent of that party.Time limit for completion of mediationUnless the parties to a dispute otherwise agree, the mediation of the dispute shall be completed within 30 days after the dispute is referred for mediation.Effect of mediation on proceedingsThe mediation has the effect ofstaying for the period of the mediation any proceedings before the Agency in so far as they relate to a matter that is the subject of the mediation; andextending the time within which the Agency may make a decision or determination under this Act with regard to those proceedings by the period of the mediation.Filing of mediation agreementAn agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.2007, c. 19, s. 7Information and Informal Dispute Resolution ServicesInformation and guidanceThe Agency shall take measures to inform the public in respect of the provisions of Parts III and IV, includingpublishing general information on its Internet site; andproviding information and guidance to any interested person on the manner in which remedies under those provisions may be accessed, having regard to their particular circumstances.Informal resolutionA member of the Agency or its staff may attempt to resolve in an informal manner with a railway company any issue raised by an interested person to whom it has provided information and guidance. In doing so, the member or staff shall not reveal the identity of the interested person without their consent.Person not to act in proceedingsA person who exercises the powers or performs the duties or functions under paragraph (1)(b) or subsection (2) shall not act in any proceedings before the Agency that are related to an issue in respect of which the person provided information, guidance or informal dispute resolution services.2018, c. 10, s. 5Mediation or ArbitrationRequest by all partiesIf sections 36.1 and 169.1 do not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III — other than Division VI.2 — or Part IV, or to the application of any rate or charge for the movement of goods by railways or for the provision of incidental services, if requested to do so by all parties to the dispute.Establishment of rosterThe Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators or arbitrators.Reimbursement of costsThe parties are jointly and severally, or solidarily, liable to reimburse the Agency its costs arising from the mediation or arbitration.Mediator not to act in other proceedingsThe person who acts as mediator or arbitrator may not act in any other proceedings before the Agency in relation to any matter that was at issue in the mediation or arbitration.2007, c. 19, s. 7; 2008, c. 5, ss. 8, 9; 2015, c. 31, s. 3InquiriesInquiry into complaintThe Agency may inquire into, hear and determine a complaint concerning any act, matter or thing prohibited, sanctioned or required to be done under any Act of Parliament that is administered in whole or in part by the Agency.Appointment of person to conduct inquiryThe Agency may appoint a member, or an employee of the Agency, to make any inquiry that the Agency is authorized to conduct and report to the Agency.Dealing with reportOn receipt of the report under subsection (1), the Agency may adopt the report as a decision or order of the Agency or otherwise deal with it as it considers advisable.Powers on inquiryA person conducting an inquiry may, for the purposes of the inquiry,enter and inspect any place, other than a dwelling-house, or any structure, work, rolling stock or ship that is the property or under the control of any person the entry or inspection of which appears to the inquirer to be necessary; andexercise the same powers as are vested in a superior court to summon witnesses, enforce their attendance and compel them to give evidence and produce any materials, books, papers, plans, specifications, drawings and other documents that the inquirer thinks necessary.Review and AppealGovernor in Council may vary or rescind orders, etc.The Governor in Council may, at any time, in the discretion of the Governor in Council, either on petition of a party or an interested person or of the Governor in Council’s own motion, vary or rescind any decision, order, rule or regulation of the Agency, whether the decision or order is made inter partes or otherwise, and whether the rule or regulation is general or limited in its scope and application, and any order that the Governor in Council may make to do so is binding on the Agency and on all parties.Appeal from AgencyAn appeal lies from the Agency to the Federal Court of Appeal on a question of law or a question of jurisdiction on leave to appeal being obtained from that Court on application made within one month after the date of the decision, order, rule or regulation being appealed from, or within any further time that a judge of that Court under special circumstances allows, and on notice to the parties and the Agency, and on hearing those of them that appear and desire to be heard.Time for making appealNo appeal, after leave to appeal has been obtained under subsection (1), lies unless it is entered in the Federal Court of Appeal within sixty days after the order granting leave to appeal is made.Powers of CourtAn appeal shall be heard as quickly as is practicable and, on the hearing of the appeal, the Court may draw any inferences that are not inconsistent with the facts expressly found by the Agency and that are necessary for determining the question of law or jurisdiction, as the case may be.Agency may be heardThe Agency is entitled to be heard by counsel or otherwise on the argument of an appeal.Report of AgencyAgency’s reportEach year the Agency shall, before the end of July, make a report on its activities for the preceding year and submit it, through the Minister, to the Governor in Council describing briefly, in respect of that year,applications to the Agency and the findings on them; andthe findings of the Agency in regard to any matter or thing respecting which the Agency has acted on the request of the Minister.Additional contentThe Agency shall include in every report referred to in subsection (1)the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act;in respect of the year to which the report relates, information about, including the number of, the following:inspections conducted under this Act for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act,orders made under section 181.2,orders, in writing, made under section 26 that require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act,notices of violation issued under section 180 that identify a violation referred to in subsection 177(3), andinquiries made under any of sections 172, 172.1 and 172.3;the Agency’s observations about whether the information referred to in paragraph (b) discloses any systemic or emerging issues in respect of any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities; andany other information prescribed by regulations made under subsection (2.01).RegulationsFor the purpose of paragraph (2)(d), the Governor in Council may make regulations prescribing information about any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities.Railway transportationThe report shall include the number and nature of the applications, complaints and submissions for arbitration made under Parts III and IV, the manner they were dealt with and the systemic trends observed. The report shall also include the number of disputes that were mediated by the Agency and the number that were resolved through mediation by the Agency.Confidential informationThe Agency shall ensure that the report does not include any confidential information.Tabling of reportThe Minister shall have a copy of each report made under this section laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.1996, c. 10, s. 42; 2013, c. 31, s. 2; 2018, c. 10, s. 62019, c. 10, s. 167Governor in CouncilDirections to AgencyPolicy directionsThe Governor in Council may, at the request of the Agency or of the Governor in Council’s own motion, issue policy directions to the Agency concerning any matter that comes within the jurisdiction of the Agency and every such direction shall be carried out by the Agency under the Act of Parliament that establishes the powers, duties and functions of the Agency in relation to the subject-matter of the direction.Limitation on directionsA direction issued under subsection (1) shall not affect a matter that is before the Agency on the date of the direction and that relates to a particular person.Delay of binding effectA direction issued under section 43 is not binding on the Agency until the expiration of the thirtieth sitting day of Parliament after the direction has been laid before both Houses of Parliament by or on behalf of the Minister, unless the direction has been previously laid before both Houses of Parliament in proposed form by or on behalf of the Minister and thirty sitting days of Parliament have expired after the proposed direction was laid.Referral to committeeWhere a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, it shall be referred without delay by that House to the committee of that House that it considers appropriate to deal with the subject-matter of the direction or proposed direction.Consultation requiredBefore a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, the Minister shall consult with the Agency with respect to the nature and subject-matter of the direction or proposed direction.Extraordinary DisruptionsGovernor in Council may prevent disruptionsWhere the Governor in Council is of the opinion thatan extraordinary disruption to the effective continued operation of the national transportation system exists or is imminent, other than a labour disruption,failure to act under this section would be contrary to the interests of users and operators of the national transportation system, andthere are no other provisions in this Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the actual or anticipated damage caused by the disruption,the Governor in Council may, on the recommendation of the Minister and the minister responsible for the Bureau of Competition Policy, by order, take any steps, or direct the Agency to take any steps, that the Governor in Council considers essential to stabilize the national transportation system, including the imposition of capacity and pricing restraints.Minister may consult affected personsBefore recommending that an order be made under this section, the Minister may consult with any person who the Minister considers may be affected by the order.Order is temporaryAn order made under this section shall have effect for no more than ninety days after the order is made.Order to be tabled in ParliamentThe Minister shall cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made.Reference to Parliamentary CommitteeEvery order laid before Parliament under subsection (4) shall be referred for review to the Standing committee designated by Parliament for the purpose.Resolution of Parliament revoking orderWhere a resolution directing that an order made under this section be revoked is adopted by both Houses of Parliament before the expiration of thirty sitting days of Parliament after the order is laid before both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day.Competition ActNotwithstanding subsection 4(2), this section and anything done under the authority of this section prevail over the Competition Act.OffenceEvery person who contravenes an order made under this section is guilty of an offence and liable on summary convictionin the case of an individual, to a fine not exceeding $5,000, andin the case of a corporation, to a fine not exceeding $100,000,for each day the person contravenes the order.RegulationsPerformance data of air carriersThe Governor in Council may make regulations requiring air carriers to publish information respecting their performance on their Internet site.2023, c. 26, s. 437MinisterAuthorizationPowers and dutiesThe Minister may, in writing, authorize any person designated by the Minister to exercise any of the powers and perform any of the duties of the Minister under this Act, either generally or otherwise provided in the instrument of authorization.1996, c. 10, s. 482018, c. 10, s. 72023, c. 26, s. 438Fees and ChargesRegulationsThe Minister may make regulations respecting fees and charges to be paid to the Minister in relation to the administration and enforcement of this Act.2023, c. 26, s. 438InquiriesMinister may request inquiryThe Minister may direct the Agency to inquire into any matter or thing concerning transportation to which the legislative authority of Parliament extends and report the findings on the inquiry to the Minister as and when the Minister may require.PowersFor greater certainty, sections 38 and 39 apply in respect of an inquiry.Summary of findingsThe Agency shall make public a summary of its findings that does not include any confidential information.1996, c. 10, s. 49; 2018, c. 10, s. 8Transportation InformationRegulations re informationThe Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, when and in the form and manner that the regulations may specify, for the purposes ofnational transportation policy development;reporting under section 52;operational planning;any safety, security or subsidy program;any infrastructure requirement;monitoring the grain transportation and handling system; orthe administration of this Act.Efficiency of systemThe Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system, when and in the form and manner that the regulations may specify, for the purposes of ensuring the proper functioning of the national transportation system or increasing its efficiency.Class 1 rail carrierThe Governor in Council may make regulations requiring any class 1 rail carrier or class of those carriers to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister or Agency, when and in the form and manner that the regulations may specify, for the purposes ofdetermining the long-haul interswitching rate referred to in paragraph 134(1)(a); andcommunicating service and performance indicators to the public.Persons referred toThe persons for the purposes of subsection (1) arecarriers;owners or operators oftransportation undertakings,transportation works, infrastructure, facilities or assets, andgrain handling undertakings;providers of services in relation to transportation, includingthe Canadian Air Transport Security Authority,NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, andPilotage Authorities named in the schedule to the Pilotage Act;intermediaries involved in transportation movements who are specified in the regulations; andany other person or class of persons specified in the regulations.Information to be providedInformation that is required to be provided under this section may include the following:financial information;information respecting traffic and operations;fitness and ownership information; andinformation respecting the performance of air carriers and providers of services in relation to air transportation with regard to passenger experience and the quality of service.RestrictionNo regulation made under subsection (1) or (1.001) shall require or have the effect of requiring any person to provide the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system with a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 53 of the Canada Marine Act.LimitationSubsection (3) does not apply in respect of a contract entered into under subsection 126(1) to the extent that the information is required for the purpose of monitoring the grain transportation and handling system.Report on the monitoring of the grain transportation and handling systemThe Minister must prepare, within six months after the end of each crop year, a report on the monitoring of the grain transportation and handling system and cause the report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister prepares it, if the Ministermakes a regulation under paragraph (1)(e.1); anduses or communicates the information provided under the regulation for the purpose of monitoring the grain transportation and handling system.ExemptionsThe Minister may exempt a carrier or transportation undertaking from the application of all or any part of a regulation made under this section if the Minister is satisfied that it is not practicable for the carrier or transportation undertaking to provide the information.ConsultationsThe Minister may consult with the Agency or Statistics Canada before making any regulation under this section.1996, c. 10, s. 50; 1998, c. 10, s. 163; 1999, c. 31, s. 36(E); 2000, c. 16, s. 1; 2007, c. 19, s. 8; 2013, c. 31, s. 3(F); 2018, c. 10, s. 92023, c. 26, s. 439Externally produced documentsA regulation made under subsection 50(1) or (1.01) may incorporate by reference any document that is produced by a person or body other than the Minister.Type of incorporation by referenceA document may be incorporated by reference either as it exists on a particular date or as it is amended from time to time.Accessibility of incorporated documentThe Minister must ensure that a document that is incorporated by reference is accessible.No finding of guilt or administrative sanctionA person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to that person.No registration or publicationFor greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.2013, c. 31, s. 4; 2018, c. 10, s. 10Existing power not limitedFor greater certainty, an express power in this Act to incorporate by reference does not limit the power that otherwise exists to incorporate by reference in a regulation made under this Act.2013, c. 31, s. 4Information already providedFor the purposes of subsection 50(1) or (1.01), if any information referred to in that subsection has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister.2007, c. 19, s. 9; 2018, c. 10, s. 11Confidentiality of information — Minister or designated personExcept as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided under this Act to the Minister or a person designated under section 6.11 is, when it is received by the Minister or the designated person, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173.Communication of informationSubsection (1) does not apply so as to prohibitthe communication of information to the Agency, the Administrator of the Fund appointed under section 153.7, Statistics Canada or a minister of the Crown in right of Canada, the agent of that minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;the communication of information that is provided under regulations made under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system;the communication of information prescribed in the regulations to persons prescribed in the regulations;the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;the communication of information, including to the public, in an aggregated form that prevents information obtained from an identifiable person from being related to that person;the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; orthe communication of information that is available to, or ascertainable by, the public.Terms and conditionsThe Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).RegulationsThe Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2).Safe and secure proceduresThe Minister and any person designated under section 6.11 shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure.Requirement for other persons to maintain confidentialityAny person who receives from the Minister or a person designated under section 6.11 information that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.1996, c. 10, s. 51; 2000, c. 16, s. 2; 2007, c. 19, s. 10; 2018, c. 10, s. 122023, c. 26, s. 440PublicationDespite subsection 51(1), the Minister may make publicinformation related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b); andinformation referred to in paragraph 50(2)(d).2018, c. 10, s. 132023, c. 26, s. 441Confidential information — other personsInformation that is required to be provided under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system is, when it is received by those persons, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173.Safe and secure proceduresThe persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system must ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure.2023, c. 26, s. 441Confidentiality of information — AgencyInformation that is required to be provided to the Agency in accordance with regulations made under paragraph 50(1.01)(a) is, when it is received by the Agency, confidential and shall not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purpose of a prosecution of a contravention of section 173.2018, c. 10, s. 13Use of informationInformation that is provided to the Minister or the Agency in accordance with regulations made under paragraph 50(1.01)(a) is only to be used by the Agency for the purpose of determining the long-haul interswitching rate referred to in paragraph 134(1)(a) and, despite subsection 51(4) and section 51.2, the Agency may, for that purpose, communicate the information in an aggregated form.2018, c. 10, s. 13PublicationIf the Agency receives information from class 1 rail carriers or the Minister that is related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b), the Agency shall publish the information on its Internet site within two days after it is received.Information received from MinisterSubsection 51(4) does not apply to the publication, in accordance with subsection (1), of information that is received from the Minister.2018, c. 10, s. 13OrderIf the Minister is of the opinion that there exists an unusual and significant disruption to the effective continued operation of the national transportation system, the Minister may, by order, require any persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system to provide to the Minister information, other than personal information as defined in section 3 of the Privacy Act, that the Minister considers relevant to the assessment of the cause of the disruption or the mitigation or resolution of the disruption.Order is temporaryAn order made under this section has effect for the period, not exceeding 90 days, that is specified in the order.Not a statutory instrumentThe order is not a statutory instrument within the meaning of the Statutory Instruments Act.Disclosure of informationDespite subsection 51(1), the Minister may disclose information that has been provided to the Minister under this section to any person for the purposes of the mitigation or resolution of the disruption.2023, c. 26, s. 442Industry ReviewIndustry overviewEach year before the end of May, the Minister shall, using the most current information available, prepare and lay before both Houses of Parliament a report providing a brief overview of the state of transportation in Canada.Industry reviewEvery five years, the report referred to in subsection (1) shall be expanded to a comprehensive review of the state of transportation in Canada which shall includethe financial performance of each mode of transportation and its contribution to the Canadian economy;the extent to which carriers and modes of transportation were provided resources, facilities and services at public expense;the extent to which carriers and modes of transportation received compensation, indirectly and directly, for the resources, facilities and services that were required to be provided as an imposed public duty;the long term outlook and trends in transportation in Canada; andany other transportation matters that the Minister considers appropriate.1996, c. 10, s. 52; 2007, c. 19, s. 11Review of ActStatutory reviewThe Minister shall, no later than eight years after the day this subsection comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act and any other Act of Parliament for which the Minister is responsible that pertains to the economic regulation of a mode of transportation or to transportation activities under the legislative authority of Parliament.Objective of reviewThe person or persons conducting the review shall assess whether the legislation referred to in subsection (1) provides Canadians with a transportation system that is consistent with the national transportation policy set out in section 5 and, if necessary or desirable, may recommend amendments tothe national transportation policy; andthe legislation referred to in subsection (1).ConsultationsThe review shall be undertaken in consultation with purchasers and suppliers of transportation services and any other persons whom the Minister considers appropriate.Powers on reviewEvery person appointed to carry out the review has, for the purposes of the review, the powers of a commissioner under Part I of the Inquiries Act and may engage the services of experts, professionals and other staff deemed necessary for making the review at the rates of remuneration that the Treasury Board approves.ReportThe review shall be completed and a report of the review submitted to the Minister within 18 months after the appointment referred to in subsection (1).Tabling of reportThe Minister shall have a copy of the report laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.1996, c. 10, s. 53; 2007, c. 19, s. 12Review of Mergers and AcquisitionsNoticeEvery person who is required to notify the Commissioner of Competition under subsection 114(1) of the Competition Act of a proposed transaction that involves a transportation undertaking shall, at the same time as the Commissioner is notified and, in any event, not later than the date by which the person is required to notify the Commissioner,give notice of the proposed transaction to the Minister; andin the case of a proposed transaction that involves an air transportation undertaking, also give notice of the transaction to the Agency.InformationA notice given to the Minister or to the Agency shall, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice shall also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that shall be issued and published by the Minister. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.GuidelinesThe guidelines referred to in subsection (2) shall be elaborated in consultation with the Competition Bureau and shall include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation.Not statutory instrumentsThe guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.No public interest issuesIf the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister shall, within 42 days after a person gives notice under subsection (1), give notice of the opinion to that person, in which case sections 53.2 and 53.3 do not apply in respect of that transaction.Public interest issuesIf the Minister is of the opinion that the proposed transaction raises issues with respect to the public interest as it relates to national transportation, the Minister may direct the Agency to examine those issues under section 49 or appoint and direct any person to examine those issues under section 7.1 of the Department of Transport Act.ReportThe Agency or person, as the case may be, shall report to the Minister within 150 days after being directed under subsection (5), or within any longer period that the Minister may allow.2007, c. 19, s. 13ProhibitionNo person shall complete a proposed transaction referred to in subsection 53.1(1) unless the transaction is approved by the Governor in Council and, in the case of a transaction that involves an air transportation undertaking, the Agency determines that the transaction would result in an undertaking that is Canadian as defined in subsection 55(1).Commissioner’s reportThe Commissioner of Competition shall within 150 days after the Commissioner is notified of the proposed transaction under subsection 114(1) of the Competition Act, or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.Report to be made publicThe report shall be made public immediately after its receipt by the Minister.Concerns relating to public interest and competitionAfter receipt of the Commissioner’s report and any report given under subsection 53.1(6), but before the Minister makes a recommendation for the purposes of subsection (7), the Minister shallconsult with the Commissioner regarding any overlap between any concerns that the Minister has in respect of the proposed transaction with regard to the public interest as it relates to national transportation and any concerns in respect of the transaction that are raised in the Commissioner’s report; andrequest the parties to the transaction to addresswith the Minister any concerns that the Minister has in respect of the transaction with regard to the public interest as it relates to national transportation, andwith the Commissioner any concerns that the Commissioner has regarding potential prevention or lessening of competition that may occur as a result of the transaction.Measures to address concernsThe parties to the transaction shallafter conferring with the Minister regarding concerns referred to in subparagraph (4)(b)(i), inform the Minister of any measures they are prepared to undertake to address those concerns; andafter conferring with the Commissioner regarding concerns identified under subparagraph (4)(b)(ii), inform the Commissioner of any measures they are prepared to undertake to address those concerns.The parties may propose revisions to the transaction.Preconditions to recommendationBefore making a recommendation for the purposes of subsection (7), the Minister shall obtain the Commissioner’s assessment of the adequacy of any undertaking proposed by the parties to address the concerns that have been identified under subparagraph (4)(b)(ii) and the effects of any proposed revisions to the transaction on those concerns.Approval of Governor in CouncilIf the Governor in Council is satisfied that it is in the public interest to approve the proposed transaction, taking into account any revisions to it proposed by the parties and any measures they are prepared to undertake, the Governor in Council may, on the recommendation of the Minister, approve the transaction and specify any terms and conditions that the Governor in Council considers appropriate. The Governor in Council shall indicate those terms and conditions that relate to potential prevention or lessening of competition and those that relate to the public interest as it relates to national transportation.Variation of terms and conditionsOn application by a person who is subject to terms and conditions specified under subsection (7), the Governor in Council may, on the recommendation of the Minister, vary or rescind the terms and conditions. If the terms and conditions to be varied or rescinded affect competition, the Minister shall consult with the Commissioner before making the recommendation.Commissioner’s representationsIf the Minister directs the Agency under section 49 to inquire into any matter or thing to assist the Minister in making a recommendation under subsection (7) or (8), the Agency shall give notice of the inquiry to the Commissioner and allow the Commissioner to make representations to the Agency.Compliance with terms and conditionsEvery person who is subject to terms and conditions shall comply with them.2007, c. 19, s. 13CanadianThe Agency shall determine whether a proposed transaction referred to in subsection 53.1(1) that involves an air transportation undertaking would result in an undertaking that is Canadian as defined in subsection 55(1).2007, c. 19, s. 13Order of divestiture — application by MinisterIf a person contravenes subsection 53.2(1) or (10) with respect to a term or condition that relates to the public interest as it relates to national transportation, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application.Order of divestiture — application by CommissionerIf a person contravenes subsection 53.2(10) with respect to a term or condition that relates to potential prevention or lessening of competition, a superior court may, on application by the Commissioner, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Commissioner shall notify the Minister before making an application.2007, c. 19, s. 13RegulationsThe Governor in Council may, on the recommendation of the Minister, make regulationsspecifying information required in a notice under subsection 53.1(1); andexempting classes of transactions from the application of sections 53.1 to 53.3.2007, c. 19, s. 13Offence — subsection 53.1(1)Every person who contravenes subsection 53.1(1) is guilty of an offence and is liableon conviction on indictment, to a fine not exceeding $50,000; oron summary conviction, to a fine not exceeding $25,000.Offence — subsection 53.2(1) or (10)Every person who contravenes subsection 53.2(1) or (10) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years or to a fine not exceeding $10,000,000, or to both.Continuing offenceIf an offence under subsection 53.2(10) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.Officers, etc., of corporationsIf a corporation commits an offence under subsection (1) or (2), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.Sections 174 and 175 do not applySections 174 and 175 do not apply in respect of an offence committed under subsection (1) or (2).2007, c. 19, s. 13Review of Arrangements Involving Two or More Transportation Undertakings Providing Air ServicesDefinitionsThe following definitions apply in sections 53.71 to 53.84.arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.1(1), involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits. (entente)party means any person who proposes to enter into or has entered into an arrangement for which a notice has been given under subsection 53.71(1). (partie)2018, c. 10, s. 14NoticeEvery person who proposes to enter into an arrangement may notify the Minister of that arrangement. If the person so notifies the Minister, they shall at the same time provide a copy of the notice to the Commissioner of Competition.InformationA notice given under subsection (1) shall contain any information that is required under the guidelines that are issued and published by the Minister, including information that relates to considerations respecting competition.GuidelinesThe guidelines referred to in subsection (2) shall be developed in consultation with the Competition Bureau and shall include factors that may be considered by the Minister to determine whether a proposed arrangement raises significant considerations with respect to the public interest under subsection (6) and, if applicable, to render a final decision regarding the arrangement under subsection 53.73(8).Not statutory instrumentsThe guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.Further informationThe Minister or the Commissioner may, after receiving a notice or copy of a notice under subsection (1), require any party to provide further information.Minister’s responseThe Minister shall, within 45 days after the day on which he or she receives the notice with the information referred to in subsection (2), inform the parties and the Commissioner as to whether, in his or her opinion, the proposed arrangement raises significant considerations with respect to the public interest.No significant public interest considerationsIf the Minister is of the opinion that the proposed arrangement does not raise significant considerations with respect to the public interest, sections 53.72 to 53.79 do not apply to that arrangement.Significant public interest considerationsIf the Minister is of the opinion that the proposed arrangement raises significant considerations with respect to the public interest, the arrangement is subject to the review process set out in section 53.73.2018, c. 10, s. 14ProhibitionIf a notice has been given under subsection 53.71(1), the proposed arrangement shall not be completed without the Minister’s authorization under subsection 53.73(8).2018, c. 10, s. 14Review processThe Minister, or a person designated by the Minister, shall examine the proposed arrangement, if it is subject to the review process.Commissioner’s reportThe Commissioner of Competition shall, within 120 days after the day on which he or she receives a copy of the notice under subsection 53.71(1) with the information referred to in subsection 53.71(2), report to the Minister and the parties on any concerns regarding potential prevention or lessening of competition that may occur as a result of the proposed arrangement.SummaryUnless a notice is withdrawn or is deemed to have been withdrawn under section 53.8, the Commissioner shall make public a summary of the conclusions of the report that does not include any confidential information.Communicating concernsThe Minister shall, within 150 days after the day on which he or she receives the notice with the information referred to in subsection 53.71(2), report to the parties on any concerns with respect to the public interest that may occur as a result of the proposed arrangement and provide a copy of the report to the Commissioner.Measures to address concernsThe parties shall, within 30 days after the day on which they receive the report under subsection (4), respond in writing to the Minister, addressing any concerns with respect to the public interest and competition raised by the Minister and the Commissioner and informing the Minister, among other things, of any measures they are prepared to undertake to address those concerns. The parties may propose amendments to the arrangement.Preliminary decisionThe Minister shall, after consulting with the Commissioner and within 45 days after the day on which he or she receives the response from the parties under subsection (5), render a preliminary decision regarding the proposed arrangement and specify any terms and conditions relating to the public interest and competition under which an authorization could be given under subsection (8).Response to preliminary decisionThe parties shall, within 30 days after the day on which they receive the Minister’s preliminary decision, provide a response in writing to the Minister and the response may include proposed amendments to the terms and conditions specified in the decision.Final decisionThe Minister shall, within 30 days after the day on which he or she receives a response from the parties under subsection (7), render a final decision and make public a summary of that decision that does not include any confidential information. The Minister may, if satisfied that the proposed arrangement is in the public interest, authorize it and specify any terms and conditions relating to the public interest and competition that the Minister considers appropriate.2018, c. 10, s. 14CanadianAn authorization given by the Minister under subsection 53.73(8) does not affect any requirement that a transportation undertaking providing air services, as defined in subsection 55(1), be Canadian, as defined in that subsection.2018, c. 10, s. 14Varying or rescinding terms and conditionsOn application by any party who is subject to terms and conditions of an authorization, the Minister may, after consulting with the Commissioner of Competition, vary or rescind the terms and conditions and shall make public a summary of that decision that does not include any confidential information.2018, c. 10, s. 14Proposed amendment to arrangementThe parties to an authorized arrangement may propose an amendment to that arrangement to the Minister and he or she may, after consulting with the Commissioner of Competition and considering the significance of the amendment,authorize the amendment, subject to any terms and conditions that the Minister may impose; orrequire the parties to submit a new notice under subsection 53.71(1) for review of the proposed amended arrangement, unless the parties decide not to proceed with the amendment.No confidential information made publicIf the Minister authorizes the amendment under paragraph (1)(a), he or she shall make public a summary of that decision that does not include any confidential information.2018, c. 10, s. 14Concerns regarding authorized arrangementThe Minister may, at any time after the second anniversary of the day on which an arrangement is authorized, notify the parties of any concerns raised by the arrangement with respect to the public interest and competition.Measures to address concernsThe parties shall, within 45 days after the day on which they receive the notice under subsection (1), provide a response in writing to the Minister, specifying, among other things, any measures they are prepared to undertake to address those concerns. The parties may propose amendments to the arrangement.Continuing the authorizationIf, after consulting with the Commissioner, the Minister determines that the arrangement is still in the public interest, the authorization is continued subject to any new or amended terms and conditions specified by the Minister to address the concerns referred to in subsection (1).2018, c. 10, s. 14Obligation to comply with terms and conditionsEvery person who is subject to terms and conditions under subsection 53.73(8), section 53.75, paragraph 53.76(a) or subsection 53.77(3) shall comply with them.2018, c. 10, s. 14Revoking authorization — false or misleading informationThe Minister may revoke an authorization at any time if it was granted on the basis of information that is false or misleading in a material respect or if the parties fail to comply with any of the authorization’s terms or conditions.Revoking authorization — other groundsThe Minister may also revoke the authorization of an arrangement ifthat arrangement is significantly amended without prior authorization; orthe Minister, after considering any response of the parties to the concerns raised under subsection 53.77(1), is no longer satisfied that the arrangement is in the public interest.2018, c. 10, s. 14Withdrawing noticeA notice given under subsection 53.71(1) may be withdrawn at any time before a final decision is rendered under subsection 53.73(8).Deemed withdrawalA notice is deemed to have been withdrawn if the parties fail to respond to the Minister within any period specified in subsection 53.73(5) or (7) or any extended period, as the case may be.Effect of withdrawalIf a notice given under subsection 53.71(1) is withdrawn or is deemed to have been withdrawn, section 53.72 no longer applies to the proposed arrangement.2018, c. 10, s. 14Extension of timeThe Minister may, at the request of the parties or on the Minister’s own initiative, extend any period specified in section 53.71, 53.73 or 53.77 if the Minister considers it appropriate in the circumstances, including when the arrangement is exceptionally complex.2018, c. 10, s. 14OrderIf a person contravenes sections 53.72 or 53.78, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application.2018, c. 10, s. 14Offence — section 53.72 or 53.78Every person who contravenes section 53.72 or 53.78 is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years or to a fine of not more than $10,000,000, or to both.Continuing offenceIf an offence under subsection (1) for the contravention of section 53.78 is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.Officers, etc., of corporationsIf a corporation commits an offence under subsection (1), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.Sections 174 and 175 do not applySections 174 and 175 do not apply in respect of an offence committed under subsection (1).2018, c. 10, s. 14Cost recoveryThe Governor in Council may make regulations respectingthe fees to be paid by the parties to an arrangement for any activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement, including the method of calculating the fees; andthe refund of all or part of any fee referred to in paragraph (a), including the method of calculating the refund.Amounts not to exceed costThe fees referred to in paragraph (1)(a) shall not exceed the costs related to the activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement.Remittance of fees and chargesThe fees paid in accordance with regulations made under subsection (1) shall be deposited to the credit of the Receiver General in the time and manner prescribed under those regulations.Spending authorityThe Minister may spend the amounts deposited under subsection (3) in the fiscal year in which they are paid or in the next fiscal year.2018, c. 10, s. 14GeneralAppointment of receiver not to bar jurisdictionThe fact that a receiver, manager or other official of a carrier, or a receiver of the property of a carrier, has been appointed by a court in Canada, or is managing or operating a mode of transportation under the authority of any such court, is not a bar to the exercise of any jurisdiction granted under this Act, but every such receiver, manager or official is bound to manage and operate the mode of transportation in accordance with this Act and with the orders, regulations and directions made or issued under this Act, notwithstanding the fact that the receiver, manager, official or person has been appointed by or acts under the authority of a court.Adaptation ordersWherever by reason of insolvency, sale under mortgage or any other cause, a transportation undertaking or a portion of a transportation undertaking is operated, managed or held otherwise than by the carrier, the Agency or the Minister may make any order it considers proper for adapting and applying the provisions of this Act.Air TransportationInterpretation and ApplicationDefinitionsIn this Part,aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act; (aéronef)air service means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both; (service aérien)basic fare meansthe fare in the tariff of the holder of a domestic licence that has no restrictions and represents the lowest amount to be paid for one-way air transportation of an adult with reasonable baggage between two points in Canada, orwhere the licensee has more than one such fare between two points in Canada and the amount of any of those fares is dependent on the time of day or day of the week of travel, or both, the highest of those fares; (prix de base)Canadian meansa Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,a government in Canada or an agent or mandatary of such a government, ora corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51% of the voting interests are owned and controlled by Canadians and whereno more than 25% of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, andno more than 25% of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person; (Canadien)Canadian aviation document has the same meaning as in subsection 3(1) of the Aeronautics Act; (document d’aviation canadien)domestic licence means a licence issued under section 61; (Version anglaise seulement)domestic service means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country; (service intérieur)international service means an air service between Canada and a point in the territory of another country; (service international)licensee means the holder of a licence issued by the Agency under this Part; (licencié)non-scheduled international licence means a licence issued under subsection 73(1); (Version anglaise seulement)non-scheduled international service means an international service other than a scheduled international service; (service international à la demande)prescribed means prescribed by regulations made under section 86; (règlement)scheduled international licence means a licence issued under subsection 69(1); (Version anglaise seulement)scheduled international service means an international service that is a scheduled service pursuant toan agreement or arrangement for the provision of that service to which Canada is a party, ora determination made under section 70; (service international régulier)tariff means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services. (tarif)AffiliationFor the purposes of this Part,one corporation is affiliated with another corporation ifone of them is a subsidiary of the other,both are subsidiaries of the same corporation, orboth are controlled by the same person;if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;a partnership or sole proprietorship is affiliated with another partnership or sole proprietorship if both are controlled by the same person;a corporation is affiliated with a partnership or a sole proprietorship if both are controlled by the same person;a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;a corporation is controlled by a person other than Her Majesty in right of Canada or a province ifsecurities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, andthe votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;a corporation is controlled by Her Majesty in right of Canada or a province ifthe corporation is controlled by Her Majesty in the manner described in paragraph (f), orin the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed bythe Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, ora Minister of the government of Canada or the province, as the case may be; anda partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50% of the profits of the partnership or more than 50% of its assets on dissolution.Definition of personIn subsection (2), person includes an individual, a partnership, an association, a corporation, a trustee, an executor, a liquidator of a succession, an administrator or a legal representative.Control in factFor greater certainty, nothing in subsection (2) shall be construed to affect the meaning of the expression “controlled in fact” in the definition Canadian in subsection (1).1996, c. 10, s. 55; 2000, c. 15, s. 1; 2001, c. 27, s. 222; 2018, c. 10, s. 15Non-application of PartThis Part does not apply to a person that uses an aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces.Specialty service exclusionThis Part does not apply to the operation of specialty services provided by aircraft, including firefighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, airborne agricultural, industrial and inspection services or any other prescribed service provided by aircraft.Emergency service exclusionThis Part does not apply to the provision of an air service if the federal government or a provincial or a municipal government declares an emergency under federal or provincial law, and that government directly or indirectly requests that the air service be provided to respond to the emergency.Public interestThe Minister may, by order, prohibit the provision of an air service under subsection (3) or require the discontinuance of that air service if, in the opinion of the Minister, it is in the public interest to do so.Not a statutory instrumentThe order is not a statutory instrument within the meaning of the Statutory Instruments Act.1996, c. 10, s. 56; 2007, c. 19, s. 14; 2018, c. 10, s. 16[Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15][Repealed, 2007, c. 19, s. 15]ProhibitionsProhibition re operationNo person shall operate an air service unless, in respect of that service, the personholds a licence issued under this Part;holds a Canadian aviation document; andhas the prescribed liability insurance coverage.Licence not transferableA licence issued under this Part for the operation of an air service is not transferable.Prohibition re saleNo person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under this Part, a person holds a licence issued under this Part in respect of that service and that licence is not suspended.1996, c. 10, s. 59; 2007, c. 19, s. 16Provision of aircraft with flight crewNo person shall provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and no licensee shall provide an air service using all or part of an aircraft, with a flight crew, provided by another person exceptin accordance with regulations made by the Agency respecting disclosure of the identity of the operator of the aircraft and other related matters; andwhere prescribed, with the approval of the Agency.Conditions and Ministerial directionsApproval by the Agency under subsection (1) is subject to any directions to the Agency issued by the Minister and to any terms and conditions that the Agency may specify in the approval, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.Licence for Domestic ServiceIssue of licenceOn application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a domestic service to the applicant ifthe applicant establishes in the application to the satisfaction of the Agency that the applicantis a Canadian,holds a Canadian aviation document in respect of the service to be provided under the licence,has the prescribed liability insurance coverage in respect of the service to be provided under the licence, andmeets prescribed financial requirements; andthe Agency is satisfied that the applicant has not contravened section 59 in respect of a domestic service within the preceding twelve months.Qualification exemptionWhere the Minister considers it necessary or advisable in the public interest that a domestic licence be issued to a person who is not a Canadian, the Minister may, by order, on such terms and conditions as may be specified in the order, exempt the person from the application of subparagraph 61(a)(i) for the duration of the order.Statutory Instruments ActThe order is not a regulation for the purposes of the Statutory Instruments Act.PublicationThe Minister must, as soon as feasible, make the name of the person who is exempted and the exemption’s duration accessible to the public through the Internet or by any other means that the Minister considers appropriate.1996, c. 10, s. 62; 2013, c. 31, s. 5Mandatory suspension or cancellationThe Agency shall suspend or cancel the domestic licence of a person where the Agency determines that, in respect of the service for which the licence was issued, the person ceases to meet any of the requirements of subparagraphs 61(a)(i) to (iii).Discretionary suspension or cancellationThe Agency may suspend or cancel a domestic licencewhere the Agency determines that, in respect of the service for which the domestic licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 61(a)(i) to (iii); orsubject to section 64, in accordance with a request from the licensee for the suspension or cancellation.Reinstatement conditionThe Agency shall not reinstate a domestic licence that has been suspended for sixty days or longer unless the licensee establishes to the satisfaction of the Agency that the person meets the prescribed financial requirements.Notice of discontinuance or reduction of certain servicesWhere a licensee proposes to discontinue a domestic service or to reduce the frequency of such a service to a point to less than one flight per week and, as a result of the proposed discontinuance or reduction, there will be only one licensee or no licensee offering at least one flight per week to that point, the licensee shall give notice of the proposal in prescribed form and manner to such persons as are prescribed.Notice of discontinuance of certain servicesIf a licensee proposes to discontinue its year-round non-stop scheduled air service between two points in Canada and that discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points, the licensee shall give notice of the proposal in the prescribed form and manner to the prescribed persons.Discussion with elected officialsA licensee shall, as soon as practicable, provide an opportunity for elected officials of the municipal or local government of the community of the point or points, as the case may be, to meet and discuss with the licensee the impact of the proposed discontinuance or reduction.Notice periodA licensee shall not implement a proposal referred to in subsection (1) or (1.1) until the expiry of 120 days, or 30 days if the service referred to in that subsection has been in operation for less than one year, after the notice is given or until the expiry of any shorter period that the Agency may, on application by the licensee, specify by order.Considerations re whether exemption to be grantedIn considering whether to specify a shorter period under subsection (2), the Agency shall have regard tothe adequacy of alternative modes of public transportation available at or in the vicinity of the point referred to in subsection (1) or between the points referred to in subsection (1.1);other means by which air service to the point or between the points is or is likely to be provided;whether the licensee has complied with subsection (1.2); andthe particular circumstances of the licensee.Definition of non-stop scheduled air serviceIn this section, non-stop scheduled air service means an air service operated between two points without any stops in accordance with a published timetable or on a regular basis.1996, c. 10, s. 64; 2000, c. 15, s. 3; 2007, c. 19, s. 17Complaints re non-complianceWhere, on complaint in writing to the Agency by any person, the Agency finds that a licensee has failed to comply with section 64 and that it is practicable in the circumstances for the licensee to comply with an order under this section, the Agency may, by order, direct the licensee to reinstate the service referred to in that sectionfor such a period, not exceeding 120 days after the date of the finding by the Agency, as the Agency deems appropriate; andat such a frequency as the Agency may specify.1996, c. 10, s. 65; 2007, c. 19, s. 18Unreasonable fares or ratesIf, on complaint in writing to the Agency by any person, the Agency finds that a licensee, including affiliated licensees, is the only person providing a domestic service between two points and that a fare, cargo rate or increase in a fare or cargo rate published or offered in respect of the service is unreasonable, the Agency may, by order,disallow the fare, rate or increase;direct the licensee to amend its tariff by reducing the fare, rate or increase by the amounts and for the periods that the Agency considers reasonable in the circumstances; ordirect the licensee, if practicable, to refund amounts specified by the Agency, with interest calculated in the prescribed manner, to persons determined by the Agency to have been overcharged by the licensee.Complaint of inadequate range of fares or ratesIf, on complaint in writing to the Agency by any person, the Agency finds that a licensee, including affiliated licensees, is the only person providing a domestic service between two points and that it is offering an inadequate range of fares or cargo rates in respect of that service, the Agency may, by order, direct the licensee, for a period that the Agency considers reasonable in the circumstances, to publish and apply in respect of that service one or more additional fares or cargo rates that the Agency considers reasonable in the circumstances.Relevant informationWhen making a finding under subsection (1) or (2) that a fare, cargo rate or increase in a fare or cargo rate published or offered in respect of a domestic service between two points is unreasonable or that a licensee is offering an inadequate range of fares or cargo rates in respect of a domestic service between two points, the Agency may take into consideration any information or factor that it considers relevant, includinghistorical data respecting fares or cargo rates applicable to domestic services between those two points;fares or cargo rates applicable to similar domestic services offered by the licensee and one or more other licensees, including terms and conditions related to the fares or cargo rates, the number of seats available at those fares and the cargo capacity and cargo container types available at those rates;the competition from other modes of transportation, if the finding is in respect of a cargo rate, an increase in a cargo rate or a range of cargo rates; andany other information provided by the licensee, including information that the licensee is required to provide under section 83.Alternative domestic servicesThe Agency may find that a licensee is the only person providing a domestic service between two points if every alternative domestic service between those points is, in the Agency’s opinion, unreasonable, taking into consideration the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.Alternative serviceThe Agency shall not make an order under subsection (1) or (2) in respect of a licensee found by the Agency to be the only person providing a domestic service between two points if, in the Agency’s opinion, there exists another domestic service that is not between the two points but is a reasonable alternative taking into consideration the convenience of access to the service, the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.Consideration of representationsBefore making a direction under paragraph (1)(b) or subsection (2), the Agency shall consider any representations that the licensee has made with respect to what is reasonable in the circumstances.[Repealed, 2007, c. 19, s. 19]Confidentiality of informationThe Agency may take any measures or make any order that it considers necessary to protect the confidentiality of any of the following information that it is considering in the course of any proceedings under this section:information that constitutes a trade secret;information the disclosure of which would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; andinformation the disclosure of which would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided.1996, c. 10, s. 66; 2000, c. 15, s. 4; 2007, c. 19, s. 19Tariffs to be made publicThe holder of a domestic licence shalldisplay in a prominent place at the business offices of the licensee a sign indicating that the tariffs for the domestic service offered by the licensee, including the terms and conditions of carriage, are available for public inspection at the business offices of the licensee, and allow the public to make such inspections;publish the terms and conditions of carriage on any Internet site used by the licensee for selling the domestic service offered by the licensee;in its tariffs, specifically identify the basic fare between all points for which a domestic service is offered by the licensee; andretain a record of its tariffs, and publish them on its Internet site, for a period of not less than three years after the tariffs have ceased to have effect.Prescribed tariff information to be includedA tariff referred to in subsection (1) shall include such information as may be prescribed.No fares, etc., unless set out in tariffThe holder of a domestic licence shall not apply any fare, rate, charge or term or condition of carriage applicable to the domestic service it offers unless the fare, rate, charge, term or condition is set out in a tariff that has been published or displayed under subsection (1) and is in effect.Copy of tariff on payment of feeThe holder of a domestic licence shall provide a copy or excerpt of its tariffs to any person on request and on payment of a fee not exceeding the cost of making the copy or excerpt.1996, c. 10, s. 67; 2000, c. 15, s. 5; 2007, c. 19, s. 202023, c. 26, s. 453Fares or rates not set out in tariffIf, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee toapply a fare, rate, charge or term or condition of carriage that is set out in its tariffs;compensate any person adversely affected for any expenses they incurred as a result of the licensee’s failure to apply a fare, rate, charge or term or condition of carriage that was set out in its tariffs; andtake any other appropriate corrective measures.2000, c. 15, s. 6; 2007, c. 19, s. 21When unreasonable or unduly discriminatory terms or conditionsIf, on complaint in writing to the Agency by any person, the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place.Prohibition on advertisingThe holder of a domestic licence shall not advertise or apply any term or condition of carriage that is suspended or has been disallowed.2000, c. 15, s. 6; 2007, c. 19, s. 22(F)Person affectedDespite sections 67.1 and 67.2, a complaint against the holder of a domestic license related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1) may only be filed by a person adversely affected.2018, c. 10, s. 17Applying decision to other passengersThe Agency may, to the extent that it considers it appropriate, make applicable to some or to all passengers of the same flight as the complainant all or part of its decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b).2018, c. 10, s. 17Non-application of fares, etc.Sections 66 to 67.2 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.Non-application of terms and conditionsSections 66 to 67.2 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.Provisions regarding exclusive use of servicesThe parties to the contract shall not include in it provisions with respect to the exclusive use by the other person of a domestic service operated by the holder of the domestic licence between two points in accordance with a published timetable or on a regular basis, unless the contract is for all or a significant portion of the capacity of a flight or a series of flights.Retention of contract requiredThe holder of a domestic licence who is a party to the contract shall retain a copy of it for a period of not less than three years after it has ceased to have effect and, on request made within that period, shall provide a copy of it to the Agency.1996, c. 10, s. 68; 2000, c. 15, s. 7; 2007, c. 19, s. 23Licence for Scheduled International ServiceIssue of licenceOn application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a scheduled international service to the applicant ifthe applicant establishes in the application to the satisfaction of the Agency that the applicantis, pursuant to subsection (2) or (3), eligible to hold the licence,holds a Canadian aviation document in respect of the service to be provided under the licence,has the prescribed liability insurance coverage in respect of the service to be provided under the licence, andwhere the applicant is a Canadian, meets the prescribed financial requirements; andthe Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.Eligibility of CanadiansThe Minister may, in writing, designate any Canadian as eligible to hold a scheduled international licence. That Canadian remains eligible while the designation remains in force.Eligibility of non-CanadiansA non-Canadian is eligible to hold a scheduled international licence if the non-Canadianhas been designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada; andholds, in respect of the air service, a document issued by a foreign government or agent that, in respect of the service to be provided under the document, is equivalent to a scheduled international licence.1996, c. 10, s. 69; 2013, c. 31, s. 6Determination of scheduled international serviceThe Minister may, in writing to the Agency,determine that an international service is a scheduled international service; orwithdraw a determination made under paragraph (a).Terms and conditions of scheduled international licenceSubject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems to be consistent with the agreement, convention or arrangement pursuant to which the licence is being issued, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.Compliance with terms and conditionsThe holder of a scheduled international licence shall comply with every term and condition to which the licence is subject.Mandatory suspension or cancellationThe Agency shall suspend or cancel a scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of subparagraphs 69(1)(a)(i) to (iii).Discretionary suspension or cancellationThe Agency may suspend or cancel a scheduled international licencewhere the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 69(1)(a)(i) to (iii); orin accordance with a request from the licensee for the suspension or cancellation.Reinstatement conditionThe Agency shall not reinstate the scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.Licence for Non-scheduled International ServiceIssue of licenceSubject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a non-scheduled international service to the applicant ifthe applicant establishes in the application to the satisfaction of the Agency that the applicantis a Canadian,holds a Canadian aviation document in respect of the service to be provided under the licence,has the prescribed liability insurance coverage in respect of the service to be provided under the licence, andmeets prescribed financial requirements; andthe Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.Non-Canadian applicantSubject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency may issue a non-scheduled international licence to a non-Canadian applicant if the applicant establishes in the application to the satisfaction of the Agency that the applicantholds a document issued by the government of the applicant’s state or an agent of that government that, in respect of the service to be provided under the document, is equivalent to the non-scheduled international licence for which the application is being made; andmeets the requirements of subparagraphs (1)(a)(ii) and (iii) and paragraph (1)(b).Terms and conditions of non-scheduled international licenceSubject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a non-scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems appropriate, including terms and conditions respecting points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.Compliance with terms and conditionsThe holder of a non-scheduled international licence shall comply with every term and condition to which the licence is subject.Mandatory suspension or cancellationThe Agency shall suspend or cancel a non-scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements ofin respect of a Canadian licensee, subparagraphs 73(1)(a)(i) to (iii); andin respect of a non-Canadian licensee, subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a).Discretionary suspension or cancellationThe Agency may suspend or cancel a non-scheduled international licencewhere the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than the provisions referred to in paragraphs (1)(a) and (b); orin accordance with a request from the licensee for the suspension or cancellation.Reinstatement conditionThe Agency shall not reinstate the non-scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.Issuance of International Charter PermitsIssuance, amendment and cancellation of permitsThe issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).2007, c. 19, s. 24Ministerial Directions for International ServiceMinister may issue directionsWhere the Minister determines that it is necessary or advisable to provide direction to the Agency in respect of the exercise of any of its powers or the performance of any of its duties or functions under this Part relating to international service,in the interest of the safety or security of international civil aviation,in connection with the implementation or administration of an international agreement, convention or arrangement respecting civil aviation to which Canada is a party,in the interest of international comity or reciprocity,for the purpose of enforcing Canada’s rights under an international agreement, convention or arrangement respecting civil aviation or responding to acts, policies or practices by a contracting party to any such agreement, convention or arrangement, or by an agency or citizen of such a party, that adversely affect or lead either directly or indirectly to adverse effects on Canadian international civil aviation services, orin connection with any other matter concerning international civil aviation as it affects the public interest,the Minister may, subject to subsection (3), issue to the Agency directions that, notwithstanding any other provision of this Part, are binding on, and shall be complied with by, the Agency in the exercise of its powers or the performance of its duties or functions under this Part relating to international service.Nature of directionsDirections issued under subsection (1) may relate topersons or classes of persons to whom licences to operate an international service shall or shall not be issued;the terms and conditions of such licences, or their variation;the suspension or cancellation of such licences; andany other matter concerning international service that is not governed by or under the Aeronautics Act.Concurrence required for certain directionsA direction by the Minister relating to a matter referred to in paragraph (1)(c), (d) or (e) may be issued only with the concurrence of the Minister of Foreign Affairs.Duties and Powers of AgencyDuties and functions of Agency under international agreements, etc.Where the Agency is identified as the aeronautical authority for Canada under an international agreement, convention or arrangement respecting civil aviation to which Canada is a party, or is directed by the Minister to perform any duty or function of the Minister pursuant to any such agreement, convention or arrangement, the Agency shall act as the aeronautical authority for Canada or perform the duty or function in accordance with the agreement, convention, arrangement or direction, as the case may be.Agency powers qualified by certain agreements, etc.Subject to any directions issued to the Agency under section 76, the powers conferred on the Agency by this Part shall be exercised in accordance with any international agreement, convention or arrangement relating to civil aviation to which Canada is a party.Variations from agreements, etc.Notwithstanding subsection (1) and subject to any directions issued to the Agency under section 76, the Agency may issue a licence or suspend a licence, or vary the terms and conditions of a licence, on a temporary basis for international air services that are not permitted in an agreement, convention or arrangement relating to civil aviation to which Canada is a party.Agency may refuse licence — individualsWhere the Agency has suspended or cancelled the licence of an individual under this Part or where an individual has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service to the individual or to any corporation of which the individual is a principal.Agency may refuse licence — corporationsWhere the Agency has suspended or cancelled the licence of a corporation under this Part or where a corporation has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service tothe corporation;any person who, as a principal of the corporation, directed, authorized, assented to, acquiesced in or participated in a contravention that gave rise to the suspension or cancellation; andany body corporate of which the corporation or the person referred to in paragraph (b) is a principal.ExemptionThe Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of this Part or of a regulation or order made under this Part where the Agency is of the opinion thatthe person has substantially complied with the provision;an action taken by the person is as effective as actual compliance with the provision; orcompliance with the provision by the person is unnecessary, undesirable or impractical.Exemption not to provide certain reliefNo exemption shall be granted under subsection (1) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.Exemption not to provide certain relief — section 69No exemption shall be granted under subsection (1) that has the effect of relieving a person from the provisions of section 69 that require, in order to be eligible to hold a scheduled international licence,a Canadian to be designated by the Minister to hold such a licence; ora non-Canadian to be designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada.1996, c. 10, s. 80; 2013, c. 31, s. 7Inquiry into licensing mattersFor the purposes of ensuring compliance with this Part, the Agency may inquire into any matter for which a licence, permit or other document is required under this Part.Licensee to provide notificationEvery licensee shall notify the Agency without delay, in writing, ifthe liability insurance coverage in respect of the air service for which the licence is issued is cancelled or is altered in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service;the licensee’s operations change in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service; orany change occurs that affects, or is likely to affect, the licensee’s status as a Canadian.Disclosure of information requiredA licensee shall, at the request of the Agency, provide the Agency with information or documents available to the licensee that relate to any complaint under review or any investigation being conducted by the Agency under this Part.Notification of agent requiredA licensee who has an agent in Canada shall, in writing, provide the Agency with the agent’s name and address.Appointment and notice of agentA licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada and, in writing, provide the Agency with the agent’s name and address.Notice of change of addressWhere the address of a licensee’s principal place of business in Canada or the name or address of the licensee’s agent in Canada is changed, the licensee shall notify the Agency in writing of the change without delay.Air Travel ComplaintsReview and mediationIf a person has made a complaint under any provision of this Part, the Agency, or a person authorized to act on the Agency’s behalf, shall review and may attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.ReportThe Agency or a person authorized to act on the Agency’s behalf shall report to the parties outlining their positions regarding the complaint and any resolution of the complaint.Complaint not resolvedIf the complaint is not resolved under this section to the complainant’s satisfaction, the complainant may request the Agency to deal with the complaint in accordance with the provisions of this Part under which the complaint has been made.Further proceedingsA member of the Agency or any person authorized to act on the Agency’s behalf who has been involved in attempting to resolve or mediate the complaint under this section may not act in any further proceedings before the Agency in respect of the complaint.Extension of timeThe period of 120 days referred to in subsection 29(1) shall be extended by the period taken by the Agency or any person authorized to act on the Agency’s behalf to review and attempt to resolve or mediate the complaint under this section.Part of annual reportThe Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.2000, c. 15, s. 7.1; 2007, c. 19, s. 25RegulationsRegulationsThe Agency may make regulationsclassifying air services;classifying aircraft;prescribing liability insurance coverage requirements for air services or aircraft;prescribing financial requirements for each class of air service or aircraft;respecting the issuance, amendment and cancellation of permits for the operation of international charters;respecting the duration and renewal of licences;respecting the amendment of licences;respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, includingproviding for the disallowance or suspension by the Agency of any tariff, fare, rate or charge,providing for the establishment and substitution by the Agency of any tariff, fare, rate or charge disallowed by the Agency,authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b), to the extent that it considers appropriate, andrequiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;requiring licensees to file with the Agency any documents and information relating to activities under their licences that are necessary for the purposes of enabling the Agency to exercise its powers and perform its duties and functions under this Part and respecting the manner in which and the times at which the documents and information are to be filed;requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;defining words and expressions for the purposes of this Part;excluding a person from any of the requirements of this Part;prescribing any matter or thing that by this Part is to be prescribed; andgenerally for carrying out the purposes and provisions of this Part.Exclusion not to provide certain reliefNo regulation shall be made under paragraph (1)(l) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.[Repealed, 2007, c. 19, s. 26]1996, c. 10, s. 86; 2000, c. 15, s. 8; 2007, c. 19, s. 26; 2018, c. 10, s. 18Advertising regulationsThe Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada.Contents of regulationsWithout limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service.Regulations may prescribeWithout limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2).2007, c. 19, s. 27Regulations — carrier’s obligations towards passengersThe Agency shall, after consulting with the Minister, make regulations in relation to flights to, from and within Canada, including connecting flights,respecting the carrier’s obligation to make terms and conditions of carriage and information regarding any recourse available against the carrier, as specified in the regulations, readily available to passengers in language that is simple, clear and concise;respecting the carrier’s obligations in the case of flight delay, flight cancellation or denial of boarding, includingthe minimum standards of treatment of passengers that the carrier is required to meet and the minimum compensation the carrier is required to pay for inconvenience when the delay, cancellation or denial of boarding is within the carrier’s control,the minimum standards of treatment of passengers that the carrier is required to meet when the delay, cancellation or denial of boarding is within the carrier’s control, but is required for safety purposes, including in situations of mechanical malfunctions,the carrier’s obligation to ensure that passengers complete their itinerary when the delay, cancellation or denial of boarding is due to situations outside the carrier’s control, such as natural phenomena and security events, andthe carrier’s obligation to provide timely information and assistance to passengers;prescribing the minimum compensation for delayed, lost or damaged baggage that the carrier is required to pay;respecting the carrier’s obligation to facilitate the assignment of seats to children under the age of 14 years in close proximity to a parent, guardian or tutor at no additional cost and to make the carrier’s terms and conditions and practices in this respect readily available to passengers;requiring the carrier to establish terms and conditions of carriage with regard to the transportation of musical instruments;respecting the carrier’s obligations in the case of tarmac delays over three hours, including the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers that the carrier is required to meet; andrespecting any of the carrier’s other obligations that the Minister may issue directions on under subsection (2).Ministerial directionsThe Minister may issue directions to the Agency to make a regulation under paragraph (1)(g) respecting any of the carrier’s other obligations towards passengers. The Agency shall comply with these directions.RestrictionA person shall not receive compensation from a carrier under regulations made under subsection (1) if that person has already received compensation for the same event under a different passenger rights regime than the one provided for under this Act.Obligations deemed to be in tariffsThe carrier’s obligations established by a regulation made under subsection (1) are deemed to form part of the terms and conditions set out in the carrier’s tariffs in so far as the carrier’s tariffs do not provide more advantageous terms and conditions of carriage than those obligations.2018, c. 10, s. 192023, c. 26, s. 465Regulations and ordersA regulation or order made under this Part may be conditional or unconditional or qualified or unqualified and may be general or restricted to a specific area, person or thing or group or class of persons or things.2007, c. 19, s. 27Railway TransportationInterpretation and ApplicationDefinitionsIn this Part,crude oil means virgin or naturally occurring unrefined petroleum, or diluted bitumen or any other unrefined hydrocarbon mixture that is similar in composition to virgin or naturally occurring unrefined petroleum. It includes crude oil with the UN numbers 1267 and 3494 that are set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods – Model Regulations, Eighteenth revised edition, 2013, published by the United Nations; (pétrole brut)land includes an interest in land and, in relation to land in the Province of Quebec, includes the interest of a lessee; (terres)metropolitan area means any area that is classified by Statistics Canada in its most recent census of Canada as a census metropolitan area; (région métropolitaine)operate includes, with respect to a railway, any act necessary for the maintenance of the railway or the operation of a train; (exploitation)point of destination means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply; (point de destination)point of origin means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply; (point d’origine)public passenger service provider means VIA Rail Canada Inc., a passenger rail service provider designated by the Minister or an urban transit authority; (société de transport publique)Quebec–Windsor corridor means the area of Canada that is boundedto the east by longitude 70.50° W,to the north by a straight line connecting a first point located at latitude 47.45° N and longitude 70.50° W to a second point located at latitude 43.70° N and longitude 83.25° W,to the west by longitude 83.25° W, andto the south by the Canada-United States border; (axe Québec-Windsor)railway means a railway within the legislative authority of Parliament and includesbranches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores, or other things connected with the railway, andcommunications or signalling systems and related facilities and equipment used for railway purposes; (chemin de fer)railway company means a person who holds a certificate of fitness under section 92, a partnership of such persons or a person who is mentioned in subsection 90(2); (compagnie de chemin de fer)road means any way or course, whether public or not, available for vehicular or pedestrian use; (route)Special Act means an Act under which a railway company has authority to construct or operate a railway, or that is enacted with special reference to a railway, and includesletters patent constituting a company’s authority to construct or operate a railway, granted before April 1, 1969, under any Act, and the Act under which the letters patent were granted or confirmed, andletters patent incorporating a company under section 11 of the Railway Act on or after April 1, 1969, whose objects are the construction or operation of a railway in Canada; (loi spéciale)tariff means a schedule of rates, charges, terms and conditions applicable to the movement of traffic and incidental services; (tarif)traffic means the traffic of goods, including equipment required for their movement; (transport ou trafic)urban transit authority means an entity owned or controlled by the federal government or a provincial, municipal or district government that provides commuter services; (administration de transport de banlieue)Vancouver–Kamloops corridor means the area of Canada that is boundedto the east by longitude 121.21° W,to the north by latitude 50.83° N,to the west by longitude 128.45° W, andto the south by the Canada-United States border. (axe Vancouver-Kamloops)1996, c. 10, s. 87; 2007, c. 19, s. 28; 2015, c. 31, s. 4; 2018, c. 10, s. 20ApplicationThis Part applies to all persons, railway companies and railways within the legislative authority of Parliament.Special casesWithout limiting the effect of subsection (1), this Part applies toa company operating a railway from the United States into Canada; anda railway, or a portion of a railway, whether or not constructed under the authority of an Act of Parliament, that is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament.Works for the general advantage of CanadaA railway or a portion of a railway mentioned in paragraph (2)(b) is declared to be a work for the general advantage of Canada.Cessation of declarationA declaration by subsection (3) or by any other Act of Parliament that a railway is a work for the general advantage of Canada, or for the advantage of two or more provinces, ceases to have effect with respect to a line of the railway, or a portion of it, whose operation is discontinued under Division V or is the subject of a transfer under that Division to a person other than a company mentioned in paragraph (2)(b).Special Act railways declared to be works for general advantage of CanadaIf the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.Construction and Operation of RailwaysCertificate of FitnessCertificate requiredNo person shallconstruct a railway without being the holder of a certificate of fitness that is issued under paragraph 92(1)(a); oroperate a railway without being the holder of a certificate of fitness that isissued under paragraph 92(1)(a) for the portion of the operation that relates to a passenger rail service, orissued under paragraph 92(1)(b) for the portion of the operation that does not relate to a passenger rail service.Exception — purchaser of railwaySubsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchasedunder a trust deed or mortgage;at the instance of the holders of a mortgage, bond or debenture for the payment of which a charge has been created on the railway or portion; orunder any other lawful proceeding.1996, c. 10, s. 90; 2015, c. 31, s. 5Application for certificate of fitnessAny person may apply for a certificate of fitness for a railway, including a person who owns or leases the railway or controls, either directly or indirectly, a person who owns or leases the railway.Application for certain types of operationsIf a person proposes to operate in Canada primarily on the railway of another railway company, the application must indicate the termini and route of every line of railway proposed to be operated.Issuance of certificate of fitnessThe Agency shall issue a certificate of fitnessfor the proposed operation of a railway that relates to a passenger rail service or for the proposed construction of a railway, if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed operation or construction, as determined in accordance with the regulations; orfor the proposed operation of a railway that does not relate to a passenger rail service, if the Agency is satisfied that there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV.Covered risksThe liability insurance referred to in paragraph (1)(b) must cover the following risks that may arise out of the proposed operation:third-party bodily injury or death, including injury or death to passengers;third-party property damage, excluding damage to goods carried on a shipper’s behalf;risks that are associated with a leak, pollution or contamination; andin the case of a railway accident as defined in section 152.5, the other losses, damages, costs and expenses described in subsection 153(1).Self-insuranceFor the purpose of paragraph (1)(b), the amount of self-insurance must not exceed the maximum amount of self-insurance that the person who will be responsible for the proposed operation can sustain based on that person’s financial capability.Termini and routeA certificate of fitness issued pursuant to an application mentioned in subsection 91(2) must specify the termini and route of every railway line to be operated.Regulations made by AgencyThe Agency may make regulationsin respect of the proposed operation of a railway that relates to a passenger rail service or of a proposed construction of a railway, for determining the adequacy of liability insurance coverage, including any self-insurance; andin respect of the proposed operation of a railway that does not relate to a passenger rail service, respecting the provision of information that the Agency requires to determine whether there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV.Regulations made by Governor in CouncilThe Governor in Council may, by regulation, amend Schedule IV by deleting or adding a class of railway operations and an amount of minimum liability insurance coverage or by amending such a class — including by adding or deleting factors that define its scope — or such an amount.1996, c. 10, s. 92; 2015, c. 31, s. 6Variation of certificateThe Agency may, on application, vary a certificate of fitnessto change the termini or route of a line specified in the certificate;to add a line to the certificate; orto reflect a change in railway operations or circumstances relating to those operations.Variation when running rights grantedThe Agency may vary a certificate of fitness when itmakes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate; orgrants a right under section 138 to the holder of the certificate.1996, c. 10, s. 93; 2000, c. 16, s. 3Liability InsuranceContinuing requirementThe holder of a certificate of fitness shall maintain at all times,if the certificate was issued under paragraph 92(1)(a), adequate liability insurance coverage, as determined in accordance with the regulations, for the operation or construction of the railway for which the certificate was issued; orif the certificate was issued under paragraph 92(1)(b), the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV, for the operation of the railway for which the certificate was issued.Covered risksThe liability insurance referred to in paragraph (1)(b) must cover the risks described in paragraphs 92(1.1)(a) to (d) that may arise out of the operation.Self-insuranceFor the purpose of paragraph (1)(b), the amount of self-insurance must not exceed the maximum amount of self-insurance that the holder of the certificate of fitness can sustain based on its financial capability.2015, c. 31, s. 7Notice of insurance changesThe holder of a certificate of fitness shall notify the Agency in writing without delayif the liability insurance coverage is cancelled or altered; orif there are any changes to the construction or operation that may affect the liability insurance coverage.1996, c. 10, s. 94; 2015, c. 31, s. 7InquiryThe Agency may make an inquiry to determine whether a holder of a certificate of fitness complies with section 93.1.2015, c. 31, s. 7Suspension or cancellation of certificate of fitnessThe Agency shall suspend or cancel a certificate of fitness if it determines that the holder of the certificate has failed to comply with section 93.1.2015, c. 31, s. 7General Powers of Railway CompaniesPowersSubject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway:make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; anddo anything else necessary for the construction or operation of the railway.Minimal damageThe railway company shall do as little damage as possible in the exercise of the powers.RestorationIf the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.CompensationThe railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.Noise and VibrationObligationWhen constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into accountits obligations under sections 113 and 114, if applicable;its operational requirements; andthe area where the construction or operation takes place.2007, c. 19, s. 29GuidelinesThe Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect tothe elements that the Agency will use to determine whether a railway company is complying with section 95.1; andthe collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.ConsultationsThe Agency must consult with interested parties, including municipal governments, before issuing any guidelines.Not statutory instrumentsThe guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.2007, c. 19, s. 29Complaints and investigationsOn receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.RestrictionIf the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.2007, c. 19, s. 29Public passenger service providersSections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.2007, c. 19, s. 29Land TransferLand taken pursuant to section 134 of Railway ActWhere a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown.Alienation to other personsThe land may be transferred to any other person for the purpose of continuing railway operations ifin the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; orin the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.Continuing application to subsequent transfersIf land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.Existing rightsA transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.Land obtained for railway purposesSubject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land.Transfer of authorityIf the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.Railway LinesNo construction without Agency approvalA railway company shall not construct a railway line without the approval of the Agency.Grant of approvalThe Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.ExceptionNo approval is needed for the construction of a railway linewithin the right of way of an existing railway line; orwithin 100 m of the centre line of an existing railway line for a distance of no more than 3 km.Filing agreementsAn agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.Effect of filingWhen the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.No agreementIf a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.Road and Utility CrossingsDefinitionsIn this section and section 101,road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; (franchissement routier)utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; (franchissement par desserte)utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)Filing agreementsAn agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.Effect of filingWhen the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.No agreement on construction or maintenanceIf a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.No agreement on apportionment of costsSection 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.Non-application of sectionThis section does not apply in any circumstances where section 102 or 103 applies.Private CrossingsDivided landIf an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.Other crossings may be orderedIf a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land.Terms and conditionsThe Agency may include in its order terms and conditions governing the construction and maintenance of the crossing.Costs of construction and maintenanceThe owner of the land shall pay the costs of constructing and maintaining the crossing.Financial Transactions of Railway CompaniesSecurityDeposit of mortgage, hypothec or security agreementThe following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:a mortgage or hypothec issued by a railway company;a security agreement entered into by a railway company;an assignment or other document affecting a document referred to in paragraph (a) or (b); ora copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.Effect of depositOnce the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.1996, c. 10, s. 104; 1999, c. 31, s. 38(E); 2007, c. 19, s. 30Documents Dealing with Rolling StockDeposit of documentsA document, or a copy or summary of a document, evidencing any of the following transactions may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:a lease, sale, conditional sale, instalment sale, mortgage, hypothec, bailment, leasing, deposit or security agreement relating to rolling stock or any accessories or appurtenances relating to rolling stock; andan amendment, assignment or discharge of a document mentioned in paragraph (a).[Repealed, 2007, c. 19, s. 31]Effect of depositOnce the deposit is made, the document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the document is valid against all persons.[Repealed, 2007, c. 19, s. 31]1996, c. 10, s. 105; 2007, c. 19, s. 31RegulationsRegulationsThe Governor in Council may make regulations respectingthe depositing of copies of documents under sections 104 and 105;the form and content of summaries to be deposited under those sections; andthe effects, in Canada, of the deposit, registration or filing in other countries of documents evidencing any transaction referred to in paragraph 105(1)(a) or of documents evidencing amendments, assignments or discharges of those documents.2007, c. 19, s. 32[Repealed, 2018, c. 10, s. 21][Repealed, 2018, c. 10, s. 21][Repealed, 2018, c. 10, s. 21][Repealed, 2018, c. 10, s. 21][Repealed, 2018, c. 10, s. 21]Rates, Tariffs and ServicesInterpretationDefinitionsIn this Division,competitive line rate[Repealed, 2018, c. 10, s. 22]confidential contract means a contract entered into under subsection 126(1); (contrat confidentiel)connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route; (transporteur de liaison)interchange means a place where the line of one railway company connects with the line of another railway company and where loaded or empty cars may be stored until delivered or received by the other railway company; (lieu de correspondance)interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company; (interconnexion)interswitching rate means a rate determined by the Agency in accordance with section 127.1; (Version anglaise seulement)local carrier means a class 1 rail carrier that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the class 1 rail carrier; (transporteur local)long-haul interswitching rate means a rate determined by the Agency in accordance with paragraph 134(1)(a); (Version anglaise seulement)service obligations means obligations under section 113 or 114. (Version anglaise seulement)1996, c. 10, s. 111; 2018, c. 10, s. 22Rates and Conditions of ServiceCommercially fair and reasonableA rate or condition of service established by the Agency under this Division must be commercially fair and reasonable to all parties.Level of ServicesAccommodation for trafficA railway company shall, according to its powers, in respect of a railway owned or operated by it,furnish, at the point of origin, at the point of junction of the railway with another railway, and at all points of stopping established for that purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;furnish adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;without delay, and with due care and diligence, receive, carry and deliver the traffic;furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic; andfurnish any other service incidental to transportation that is customary or usual in connection with the business of a railway company.Carriage on payment of ratesTraffic must be taken, carried to and from, and delivered at the points referred to in paragraph (1)(a) on the payment of the lawfully payable rate.Carriage on payment of levyIf a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading.Compensation for provision of rolling stockWhere a shipper provides rolling stock for the carriage by the railway company of the shipper’s traffic, the company shall, at the request of the shipper, establish specific reasonable compensation to the shipper in a tariff for the provision of the rolling stock.Confidential contract between company and shipperA shipper and a railway company may, by means of a confidential contract or other written agreement, agree on the manner in which the obligations under this section are to be fulfilled by the company.1996, c. 10, s. 113; 2015, c. 31, s. 8; 2018, c. 10, s. 59(F)Facilities for trafficA railway company shall, according to its powers, afford to all persons and other companies all adequate and suitable accommodation for receiving, carrying and delivering traffic on and from its railway, for the transfer of traffic between its railway and other railways and for the return of rolling stock.Through trafficFor the purposes of subsection (1), adequate and suitable accommodation includes reasonable facilities for the receiving, carriage and delivery by the companyat the request of any other company, of through traffic and, in the case of goods shipped by carload, of the car with the goods shipped in it, to and from the railway of the other company, at a through rate; andat the request of any person interested in through traffic, of such traffic at through rates.Connecting railway to reasonable facilitiesEvery railway company that has or operates a railway forming part of a continuous line of railway with or that intersects any other railway, or that has any terminus, station or wharf near to any terminus, station or wharf of another railway, shall afford all reasonable facilities for delivering to that other railway, or for receiving from or carrying by its railway, all the traffic arriving by that other railway without any unreasonable delay, so thatno obstruction is offered to the public desirous of using those railways as a continuous line of communication; andall reasonable accommodation, by means of the railways of those companies, is at all times afforded to the public for that purpose.Similar facilities for truckersIf a railway company provides facilities for the transportation by rail of motor vehicles or trailers operated by any company under its control for the conveyance of goods for hire or reward,the railway company shall offer to all companies operating motor vehicles or trailers for the conveyance of goods for hire or reward similar facilities at the same rates and on the same terms and conditions as those applicable to the motor vehicles or trailers operated by the company under its control; andthe Agency may disallow any rate or tariff that is not in compliance with this subsection and direct the company to substitute a rate or tariff that complies with this subsection.Adequate and suitable accommodationFor the purposes of subsection 113(1) or 114(1), adequate and suitable accommodation includes reasonable facilitiesfor the junction of private sidings or private spurs with a railway owned or operated by a company referred to in that subsection; andfor receiving, carrying and delivering traffic on and from private sidings or private spurs and placing cars and moving them on and from those private sidings or private spurs.Complaint and investigation concerning company’s obligationsOn receipt of a complaint made by any person that a railway company is not fulfilling any of its service obligations, the Agency shallconduct, as expeditiously as possible, an investigation of the complaint that, in its opinion, is warranted; andwithin 90 days after receipt of the complaint, determine whether the company is fulfilling that obligation.Time limitsFor the purpose of an investigation conducted under subsection (1), the Agency shall allow a company at least 20 days to file an answer and at least 10 days for a complainant to file a reply.Agency’s own motionThe Agency may, with the authorization of the Minister and subject to any terms and conditions that the Minister considers appropriate, of its own motion, conduct an investigation to determine whether a railway company is fulfilling its service obligations. The Agency shall conduct the investigation as expeditiously as possible and make its determination within 90 days after the investigation begins.ConsiderationsThe Agency shall determine that a company is fulfilling its service obligations if it is satisfied that the company provides the highest level of service in respect of those obligations that it can reasonably provide in the circumstances, having regard to the following considerations:the traffic to which the service obligations relate;the reasonableness of the shipper’s requests with respect to the traffic;the service that the shipper requires with respect to the traffic;any undertaking with respect to the traffic given by the shipper to the company;the company’s and the shipper’s operational requirements and restrictions;the company’s obligations, if any, with respect to a public passenger service provider;the company’s obligations in respect of the operation of the railway under this Act;the company’s contingency plans to allow it to fulfil its service obligations when faced with foreseeable or cyclical events; andany information that the Agency considers relevant.Confidential contract binding on AgencyIf a company and a shipper agree, by means of a confidential contract, on the manner in which service obligations under section 113 are to be fulfilled by the company, the terms of that agreement are binding on the Agency in making its determination.Long-haul interswitching order binding on AgencyIf a long-haul interwitching order has been made under subsection 134(1), the terms established by the order that are related to the manner in which the local carrier is to fulfil its service obligations are binding on the Agency in making its determination.Orders of AgencyIf the Agency determines that a company is not fulfilling any of its service obligations, the Agency mayorder thatspecific works be constructed or carried out,property be acquired,cars, motive power or other equipment be allotted, distributed, used or moved as specified by the Agency, orany specified steps, systems or methods be taken or followed by the company;specify in the order the maximum charges that may be made by the company in respect of the matter so ordered;order the company to fulfil that obligation in any manner and within any time or during any period that the Agency deems expedient, having regard to all proper interests, and specify the particulars of the obligation to be fulfilled;order the company to compensate any person adversely affected for any expenses that they incurred as a result of the company’s failure to fulfil its service obligations or, if the company is a party to a confidential contract with a shipper that requires the company to pay an amount of compensation for expenses incurred by the shipper as a result of the company’s failure to fulfil its service obligations, order the company to pay that amount to the shipper;if the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company to add to the plan it is required to prepare under subsection 141(1) an indication that it intends to take steps to discontinue operating the line; orif the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company, on the terms and conditions that the Agency considers appropriate, to grant to another railway company the rightto run and operate its trains over and on any portion of the line, andin so far as necessary to provide service to the line, to run and operate its trains over and on any portion of any other portion of the railway of the company against which the order is made but not to solicit traffic on that railway, to take possession of, use or occupy any land belonging to that company and to use the whole or any portion of that company’s right-of-way, tracks, terminals, stations or station grounds.Right of action on defaultEvery person aggrieved by any neglect or refusal of a company to fulfil its service obligations has, subject to this Act, an action for the neglect or refusal against the company.Right of action not limitedIf an arbitrator’s decision made under section 169.37 includes a term with respect to an amount described in paragraph 169.31(1)(c.1), the term does not limit the right to claim an amount of compensation in an action under subsection (5).Company not relievedSubject to the terms of a confidential contract referred to in subsection 113(4) or a tariff that sets out, in accordance with subsection 136.4(1), terms established in a long-haul interswitching order, a company is not relieved from an action taken under subsection (5) by any notice, condition or declaration if the damage claimed in the action arises from any negligence or omission of the company or any of its employees.1996, c. 10, s. 116; 2000, c. 16, s. 4; 2014, c. 8, s. 5.1; 2018, c. 10, ss. 23, 95Traffic of Grain[Repealed, 2014, c. 8, s. 6][Repealed, 2014, c. 8, s. 6][Repealed, 2014, c. 8, s. 6]Tariffs — GeneralRates to be chargedSubject to section 126, a railway company shall not charge a rate in respect of the movement of traffic or passengers unless the rate is set out in a tariff that has been issued and published in accordance with this Division and is in effect.Tariff to include prescribed informationThe tariff must include any information that the Agency may prescribe by regulation.Accessibility of tariffThe railway company shall make the tariff accessible to the public by publishing it on its Internet site.[Repealed, 2018, c. 10, s. 24]Record of tariffThe railway company shall keep a record of the tariff for at least three years after its cancellation.1996, c. 10, s. 117; 2018, c. 10, s. 24Tariffs — FreightFreight tariff requested by shipperA railway company shall, at the request of a shipper, issue a tariff in respect of the movement of traffic on its railway.Notice of change of tariffA railway company that proposes to increase a rate in a tariff for the movement of traffic shall publish a notice of the increase at least 30 days before its effective date.Effect of freight tariffIf a railway company issues and publishes a tariff of rates for the movement of traffic in accordance with this Division and Division VI,the rates are the lawful rates of the railway company and, subject to subsection (1), they take effect on the date stated in the tariff;the tariff supersedes any preceding tariff or any portion of it in so far as any rate in the tariff is varied; anda railway company that owns or operates a railway line in respect of which the tariff is issued shall charge the rates in the tariff until they expire or until the tariff is superseded by a new tariff.1996, c. 10, s. 119; 2008, c. 5, s. 2Application to vesselsThe provisions of this Division relating to tariffs, in so far as the Agency considers them applicable, apply to traffic carried by a railway company by water between ports or places in Canada if the company owns, charters, uses, maintains or operates vessels for carrying traffic by water between ports or places in Canada, or is a party to an arrangement for using, maintaining or operating vessels for that purpose.Unreasonable charges or termsIf, on complaint in writing to the Agency by a shipper who is subject to any charges and associated terms and conditions for the movement of traffic or for the provision of incidental services that are found in a tariff that applies to more than one shipper other than a tariff referred to in subsection 165(3), the Agency finds that the charges or associated terms and conditions are unreasonable, the Agency may, by order, establish new charges or associated terms and conditions.Period of validityAn order made under subsection (1) remains in effect for the period, not exceeding one year, specified in the order.Factors to be consideredIn deciding whether any charges or associated terms and conditions are unreasonable, the Agency shall take into account the following factors:the objective of the charges or associated terms and conditions;the industry practice in setting the charges or associated terms and conditions;in the case of a complaint relating to the provision of any incidental service, the existence of an effective, adequate and competitive alternative to the provision of that service; andany other factor that the Agency considers relevant.Commercially fair and reasonableAny charges or associated terms and conditions established by the Agency shall be commercially fair and reasonable to the shippers who are subject to them as well as to the railway company that issued the tariff containing them.Duty to vary tariffThe railway company shall, without delay after the Agency establishes any charges or associated terms and conditions, vary its tariff to reflect those charges or associated terms and conditions.No variationThe railway company shall not vary its tariff with respect to any charges or associated terms and conditions established by the Agency until the period referred to in subsection (2) has expired.ClarificationFor greater certainty, this section does not apply to rates for the movement of traffic.2008, c. 5, s. 3Joint RatesContinuous route in CanadaIf traffic is to move over a continuous route in Canada and portions of it are operated by two or more railway companies, the companies shall, at the request of a shipper intending to move the traffic,agree on a joint tariff for the continuous route and on the apportionment of the rate in the joint tariff; orenter into a confidential contract for the continuous route.Agency may decide if no agreementIf the railway companies fail to agree or to enter into a confidential contract, the Agency, on the application of the shipper, maydirect the companies, within any time that the Agency may specify, to agree on a joint tariff for the continuous route and an apportionment of the rate that is satisfactory to the Agency; orwithin ninety days after the application is received by the Agency,determine the route and the rate and apportion the rate among the companies, anddetermine the dates, not earlier than the date of receipt by the Agency of the application, when the rate comes into effect and when it must be published.Refund to shipperIf the Agency determines a rate under paragraph (2)(b), the companies that operate the route shall pay a shipper who moved traffic over the route an amount equal to the difference, if any, between the rate that was paid by the shipper and the rate determined by the Agency, applicable to all movements of traffic by the shipper over the route from the date on which the application was made to the date on which the determined rate comes into effect.Publication requirements for joint tariff or rateIf a joint tariff or rate is agreed on or determined under section 121, the requirements of this Division for the publication of the tariff or rate apply only to the railway company operating the railway line on which the movement of the traffic originates.Publication of subsection 121(2) tariff or rateA joint tariff or rate agreed on or determined under subsection 121(2) must be published without delay, or within any additional time that the Agency may specify.Publication of joint tariff — from Canada to or through foreign countryIf traffic is to move over a continuous route from a point in Canada through a foreign country into Canada, or from a point in Canada to a foreign country, and the continuous route is operated by two or more railway companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the movement of the traffic originates.Publication of joint tariff — from foreign country to or through CanadaIf traffic is to move over a continuous route from a point in a foreign country into Canada, or from a foreign country through Canada into a foreign country, and the continuous route is operated by two or more companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the traffic is first moved in Canada.Continuous carriage not to be preventedNo railway company shall, by any combination, contract or agreement, express or implied, or by any other means, prevent traffic from being moved on a continuous route from the point of origin to the point of destination.Break in bulk, etc.A break in bulk, stop or interruption made by a railway company does not prevent the movement of traffic from being treated, for the purposes of sections 121 to 124, as one continuous movement from the point of origin to the point of destination, if the break, stop or interruption was made in good faith for a necessary purpose and without intent to avoid or unnecessarily interrupt the continuous movement or to evade the provisions of this Division.Agency may require informationThe Agency may direct a railway company operating on a continuous route to inform the Agency of the proportion of the rates that the railway company, or any other company operating on the continuous route, is to receive or has received under a joint tariff or confidential contract applicable to the route.Confidential ContractsConfidential contractsA railway company may enter into a contract with a shipper that the parties agree to keep confidential respectingthe rates to be charged by the company to the shipper;reductions or allowances pertaining to rates in tariffs that have been issued and published in accordance with this Division;rebates or allowances pertaining to rates in tariffs or confidential contracts that have previously been lawfully charged;the manner in which the company is to fulfil its service obligations under section 113; andany conditions relating to the traffic to be moved by the company, including any amount to be paid by the company or the shipper in relation to a failure to comply with any condition related to the service obligations referred to in paragraph (d).Request for confidential contractA shipper may request that a railway company make it an offer to enter into a contract under subsection (1) with the railway company respectingthe manner in which the company is to fulfil its service obligations under section 113; orany amount to be paid in relation to the company’s or the shipper’s failure to comply with a term related to those service obligations, the purpose of which is to encourage the efficient movement of the shipper’s traffic and the performance of the railway system.RestrictionThe shipper may only make a request in respect of an amount described in paragraph (1.1)(b) if the amount relates to a term that is included in the request under subsection (1.1).Content of requestThe request must describe the traffic to which it relates, the services requested by the shipper with respect to the traffic and any undertaking that the shipper is prepared to give to the railway company with respect to the traffic or services.OfferThe railway company must make its offer within 30 days after the day on which it receives the request.Exception to offerSubject to subsection (1.5), the railway company is not required to include in its offer terms with respect to a matter thatis governed by a written agreement to which the shipper and the railway company are parties;is the subject of an order, other than an interim order, made under subsection 116(4);is set out in a tariff referred to in subsection 136.4(1) or 165(3); oris the subject of an arbitration decision made under section 169.37.ClarificationThe railway company must include in its offer terms with respect to a matter that is governed by an agreement, the subject of an order or decision or set out in a tariff, referred to in subsection (1.4) if the agreement, order, decision or tariff expires within two months after the day on which the railway company receives the request referred to in subsection (1.1). The terms must apply to a period that begins after the agreement, order, decision or tariff expires.No investigation or arbitration of confidential contractsNo party to a confidential contract is entitled to submit a matter governed by the contract to the Agency for final offer arbitration under section 161, without the consent of all the parties to the contract.1996, c. 10, s. 126; 2013, c. 31, s. 8; 2018, c. 10, s. 25InterswitchingApplication to interswitch traffic between connecting linesIf a railway line of one railway company connects with a railway line of another railway company, an application for an interswitching order may be made to the Agency by either company, by a municipal government or by any other interested person.OrderIf the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, the Agency may orderone of the companies to interswitch the traffic; andthe railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.Interswitching limitsIf the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, a railway company shall not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate.Extension of interswitching limitsOn the application of a person referred to in subsection (1), the Agency may deem a point of origin or destination of a movement of traffic in any particular case to be within 30 km of an interchange if the Agency is of the opinion that, in the circumstances, the point of origin or destination is reasonably close to the interchange.1996, c. 10, s. 127; 2018, c. 10, ss. 26, 95Interswitching rateThe Agency shall, no later than December 1 of every year, determine the rate per car to be charged for interswitching traffic for the following calendar year.Interswitching rate — PrairiesThe Agency shall, no later than 90 days after the day on which this subsection comes into force, determine the rate per car to be charged for interswitching traffic within a zone that includes a point of origin or destination of a continuous movement of traffic that is located in whole or in part in Manitoba, Saskatchewan or Alberta and is within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, for the calendar year in which this subsection comes into force.ConsiderationsIn determining an interswitching rate, the Agency shall take into considerationany reduction in costs that, in the opinion of the Agency, results from moving a greater number of cars or from transferring several cars at the same time; andany long-term investment needed in the railways.Limit on rateIn determining an interswitching rate, the Agency shall consider the average variable costs of all movements of traffic that are subject to the rate and the rate shall not be less than the variable costs of moving the traffic, as determined by the Agency.Publication of methodThe Agency shall, when it makes its determination under subsection (1), publish the method that it followed for determining the rate.Publication of method — subsection (1.1)The Agency shall, when it makes its determination under subsection (1.1), publish the method that it followed for determining the rate.Interswitching rate to be publishedThe Agency shall cause the interswitching rate to be published in the Canada Gazette no later than December 31 before the beginning of the calendar year for which the rate applies.Publication — subsection (1.1)The Agency shall, no later than 90 days after the day on which this subsection comes into force, publish the rate determined under subsection (1.1) on its Internet site.2018, c. 10, s. 272023, c. 26, s. 444RegulationsThe Agency may make regulationsprescribing terms and conditions governing the interswitching of traffic, other than terms and conditions relating to safety; andestablishing distance zones for the purpose of determining the interswitching rate.[Repealed, 2018, c. 10, s. 28][Repealed, 2014, c. 8, s. 7][Repealed, 2018, c. 10, s. 28]Transfer of lines does not affect entitlementFor greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate.Review of interswitching regulationsThe Agency shall review the regulations when the circumstances warrant and at least once in every five year period after the regulations are made.1996, c. 10, s. 128; 2014, c. 8, s. 7; 2018, c. 10, s. 28Power to require informationNo later than August 31 of every year, a railway company shall provide to the Agency, in the form and manner specified by the Agency, the information or documents that the Agency considers necessary to exercise its powers or perform its duties or functions under section 127.1.2018, c. 10, s. 29Long-haul InterswitchingLong-haul interswitching orderA shipper may apply to the Agency for a long-haul interswitching order against a railway company that is a class 1 rail carrier ifthe shipper has access to the lines of only that railway company at the point of origin or destination of the movement of the shipper’s traffic in the reasonable direction of the traffic and its destination;a continuous route between those points is operated by two or more railway companies;the shipper is dissatisfied with a rate charged or proposed to be charged by the railway company referred to in paragraph (a) or with the proposed manner in which that railway company is to fulfil its service obligations for the movement of the shipper’s traffic between the point of origin or destination that is served exclusively by that railway company and the nearest interchange in Canada with a connecting carrier; andthe matter described in paragraph (c) cannot be resolved between the shipper and the railway company.RestrictionIf, at both the point of origin and the point of destination of the movement of the shipper’s traffic, a shipper has access to the lines of only one railway company that is a class 1 rail carrier, the shipper is entitled to apply for only one long-haul interswitching order, which is to be in respect of either the movement of the traffic from the point of origin to the nearest interchange in Canada or the movement of the traffic from the nearest interchange in Canada to the point of destination.No entitlementA shipper is not entitled to apply to the Agency for a long-haul interswitching orderif the point of origin or destination that is served exclusively by the local carrier is within a radius of 30 km of an interchange in Canada that is in the reasonable direction of the shipper’s traffic and its destination;if the point of origin or destination that is served exclusively by the local carrier or the nearest interchange is located within the Quebec–Windsor corridor or the Vancouver–Kamloops corridor;if the point of origin or destination that is served exclusively by the local carrier is located on a track thatserves a reload or distribution compound, a container terminal or any other facility operated by the local carrier or for the local carrier’s own purposes, oris used by the local carrier for the transfer of traffic between cars or between a car and a warehouse owned by the local carrier;for the movement of vehicles, as defined in section 2 of the Motor Vehicle Safety Act, or of parts of those vehicles;for the movement of TIH (Toxic Inhalation Hazard) material;for the movement of radioactive material;for the movement of oversized traffic on flat cars, if the dimensions of the traffic require exceptional measures be taken;for the movement, on flat cars, of containers or trailers;if the traffic to be moved is already the subject of a long-haul interswitching order;if an order or consent agreement made under Part VIII of the Competition Act, which followed an application made by the Commissioner of Competition, addresses the rate for the traffic to be moved; orin any other case specified in the regulations.Deeming — interchangeFor the purpose of paragraph (3)(b), an interchange located in the metropolitan area of Montreal is deemed to be the nearest interchange and to be located outside the Quebec–Windsor corridor ifthe point of origin of the movement of the shipper’s traffic is located in Quebec and north of the Quebec-Windsor corridor;the shipper has access to the lines of only one class 1 rail carrier at the point of origin; andthe nearest interchange is located in the Quebec–Windsor corridor.1996, c. 10, s. 129; 2018, c. 10, ss. 29, 95ConditionsSubsection (2) applies ifa shipper has access to the lines of only one railway company at the point of origin or destination of the movement of the shipper’s traffic;the railway company referred to in paragraph (a) is not a class 1 rail carrier; andthere is a junction between the lines of the railway company referred to in paragraph (a) and the lines of a railway that is operated by a class 1 rail carrier and the shipper has access to only those railway lines at that junction.DeemingFor the purposes of sections 129 and 131 to 136.6,the junction referred to in paragraph (1)(c) is deemed to be the point of origin or the point of destination, as the case may be;the junction referred to in paragraph (1)(c) is deemed to be served exclusively by the class 1 rail carrier referred to in that paragraph; andthe class 1 rail carrier referred to in paragraph (1)(c) is deemed to be the local carrier.1996, c. 10, s. 130; 2018, c. 10, s. 29Transferred railway linesFor greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect the right of a shipper to apply for a long-haul interswitching order.1996, c. 10, s. 131; 2018, c. 10, s. 29Contents of applicationThe shipper shall, in its application for a long-haul interswitching order,provide an undertaking to the local carrier to move the traffic by rail with the local carrier between the point of origin or destination that is served exclusively by the local carrier and the nearest interchange in Canada with a connecting carrier in accordance with the long-haul interswitching order; andindicate the continuous route that the shipper has chosen for the movement of the shipper’s traffic.1996, c. 10, s. 132; 2018, c. 10, s. 29Dismissal of applicationThe Agency shall dismiss the application for a long-haul interswitching order if the shipper does not demonstrate, to the Agency’s satisfaction, that an attempt has been made to resolve the matters referred to in the application.1996, c. 10, s. 133; 2018, c. 10, s. 29Determination by AgencyWithin 30 business days after receiving the application for a long-haul interswitching order, the Agency shall, by order, determine any of the following matters in respect of which the shipper and the local carrier do not agree:the long-haul interswitching rate that applies in respect of the movement of the shipper’s traffic between the point of origin or destination that is served exclusively by the class 1 rail carrier and the nearest interchange in Canada with a connecting carrier;the continuous route from the point of origin to the point of destination;the nearest interchange in Canada; andthe manner in which the local carrier is to fulfil its service obligations in respect of the movement of traffic described in paragraph (a).Maximum portion of trafficThe Agency shall not make a long-haul interswitching order if the movement of the shipper’s traffic between the point of origin or destination that is served exclusively by the class 1 rail carrier and the nearest interchange in Canada exceeds the greater of1 200 km; and50% of the total number of kilometres over which the traffic is moved by rail in Canada.1996, c. 10, s. 134; 2018, c. 10, s. 29Long-haul interswitching rateThe following rules apply to the determination of the long-haul interswitching rate:for the first 30 km, the rate is to be the interswitching rate; andfor the remainder of the distance, the Agency shall determine the rate by having regard to the revenue per tonne kilometre for the movement by the local carrier of comparable traffic in respect of which no long-haul interswitching rate applies.Minimum rateThe Agency shall not determine the rate described in paragraph (1)(b) to be less than the average of the revenue per tonne kilometre for the movement by the local carrier of comparable traffic in respect of which no long-haul interswitching rate applies.Factors to consider — comparable trafficFor the purpose of paragraph (1)(b), the Agency shall determine what constitutes comparable traffic by having regard tothe type of traffic;the distance over which the traffic is moved;the conditions of the movement of the traffic, including whether it is moved as single cars, blocks of cars or unit trains;the type and ownership of the cars used to move the traffic;the handling requirements for the traffic;the volume and frequency of the traffic;any undertaking given by the shipper in respect of the volume of the traffic;any incentives, rebates or any similar reductions in respect of the traffic; andany other factor related to the requirements of the shipper and the local carrier that the Agency considers appropriate.Factors to consider — rateThe Agency shall determine the rate described in paragraph (1)(b) by having regard to the factors described in subsection (3), the density of traffic on the lines of the local carrier on which the traffic is to be moved and any long-term investment needed in those lines.1996, c. 10, s. 135; 2018, c. 10, ss. 29, 95Continuous routeThe Agency shall, in determining the continuous route from the point of origin to the point of destination, have regard to the continuous route that has been chosen by the shipper for the movement of its traffic in its application.Route in CanadaIf the point of destination of the continuous route of a movement of the shipper’s traffic is in Canada, the Agency shall determine a continuous route that is wholly within Canada, unless there is no cost-effective continuous route wholly within Canada that is available to the shipper and over which it is reasonable to move the shipper’s traffic.Export and importFor the purposes of subsections (1) and (2),if the traffic is to be moved through a port in Canada for import into Canada, that port is the point of origin; andif the traffic is to be moved through a port in Canada for export out of Canada, that port is the point of destination.1996, c. 10, s. 136; 2018, c. 10, s. 29Nearest interchangeThe Agency shall determine the nearest interchange in Canada to be the one nearest to the point of origin or destination, whichever is served exclusively by the local carrier, in the reasonable direction of the movement of the traffic from the point of origin to the point of destination on the continuous route, unless the local carrier can demonstrate that the interchange cannot be used for engineering reasons.2018, c. 10, s. 29Service obligationsThe Agency shall determine the manner in which the local carrier is to fulfil its service obligations by having regard to the considerations set out in paragraphs 116(1.2)(a) to (i).2018, c. 10, s. 29Duration of orderThe long-haul interswitching order applies to the parties for a period of one year as of the date of the order, unless the parties agree otherwise.2018, c. 10, s. 29Incorporation in tariffThe local carrier shall, without delay after the long-haul interswitching order is made, set out in a tariff the terms established by the order, unless the shipper and local carrier agree to include those terms in a confidential contract.Publication not requiredSubsection 117(3) does not apply in respect of the tariff.2018, c. 10, s. 29No final offer arbitrationIf a long-haul interswitching order is made by the Agency, the shipper is not entitled to submit any matter related to the movement of the traffic that is the subject of the order to the Agency for final offer arbitration under section 161.2018, c. 10, s. 29Obligation of carriers to provide carsSubject to any agreement to the contrary, if a long-haul interswitching order is made, the connecting carrier is responsible for providing the shipper with an adequate supply of cars for the traffic being moved, in addition to its other service obligations in relation to the movement of the traffic.Additional obligationsSubject to any agreement to the contrary, the connecting carrier is, in respect of the interchange referred to in paragraph 129(1)(c), responsible fora prorated share, determined in accordance with subsection (3), of the costs of operating and maintaining the interchange during the period in which the long-haul interswitching order applies; andthe capital cost of making any change to the interchange that may be necessary for transferring the traffic that is the subject of the long-haul interswitching order.Determination of prorated shareThe prorated share is the proportion that the traffic that is the subject of the order transferred at the interchange and moved by the connecting carrier during the period in which the order applies is of the total traffic transferred at the interchange during that period.Share of capital costIf more than one connecting carrier moves the traffic that is the subject of the order, the capital cost is to be shared between the connecting carriers based on each connecting carrier’s share of the amount of traffic moved.2018, c. 10, s. 29RegulationsThe Governor in Council may, for the purpose of paragraph 129(3)(k), make regulations specifying cases in which a shipper is not entitled to apply for a long-haul interswitching order.2018, c. 10, s. 29Suspension of operationIf the Governor in Council is of the opinion that the financial viability of a railway company is seriously affected by the operation of sections 129 to 136.7, the Governor in Council may, by order, suspend the operation of those sections during the period specified in the order.2018, c. 10, s. 29InterchangesListA railway company shall prepare and keep up to date a list of the locations of the interchanges on the railway that the company operates. It shall publish the list on its Internet site or the Internet site of an association or other entity representing railway companies.NoticeA railway company may remove an interchange from its list only after the expiry of 120 days after ithas published a notice of its intention to do so on its Internet site or the Internet site of an association or other entity representing railway companies; andhas sent a copy of the notice to the Agency.Service obligationsFor greater certainty, the removal of an interchange under subsection (2) does not relieve a railway company from its service obligations.2018, c. 10, s. 29Means to Deal with Carriers’ LiabilityAgreementAny issue related to liability, including liability to a third party, in respect of the movement of a shipper’s traffic shall be dealt with between the railway company and the shipper only by means of a written agreement that is signed by the shipper or by an association or other entity representing shippers.No agreementIf there is no agreement, the railway company’s liability to the shipper in respect of a loss of or damage to a shipper’s traffic in the company’s possession or for any delay in its movement shall be dealt with between the company and the shipper,on the application of the company, by the Agency; orif there is no application or, if there is an application but the Agency does not specify any terms or conditions with respect to the matter, in the manner set out in the regulations.RegulationsFor the purposes of paragraph (2)(b), the Agency may make regulations respecting the manner in which a railway company’s liability under subsection (2) is to be dealt with between a company and a shipper.1996, c. 10, s. 137; 2015, c. 31, s. 9; 2018, c. 10, s. 30ComplaintsIf, after receiving a complaint, the Agency finds that a railway company is not complying with subsection 137(1), the Agency may order it to take any measures that the Agency considers appropriate to comply with that subsection.2018, c. 10, s. 31Running Rights and Joint Track UsageApplication by railway companyA railway company may apply to the Agency for the right totake possession of, use or occupy any land belonging to any other railway company;use the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company; andrun and operate its trains over and on any portion of the railway of any other railway company.Application may be grantedThe Agency may grant the right and may make any order and impose any conditions on either railway company respecting the exercise or restriction of the rights as appear just or desirable to the Agency, having regard to the public interest.CompensationThe railway company shall pay compensation to the other railway company for the right granted and, if they do not agree on the compensation, the Agency may, by order, fix the amount to be paid.Request for joint or common use of right-of-wayThe Governor in Council mayon the application of a railway company, a municipal government or any other interested person, or on the Governor in Council’s own initiative, andafter any investigation that the Governor in Council considers necessary,request two or more railway companies to consider the joint or common use of a right-of-way if the Governor in Council is of the opinion that its joint or common use may improve the efficiency and effectiveness of rail transport and would not unduly impair the commercial interests of the companies.Order in Council for joint or common use of right-of-wayIf the Governor in Council is satisfied that significant efficiencies and cost savings would result from joint or common use of the right-of-way by two or more railway companies and would not unduly impair the commercial interests of the companies, the Governor in Council may make any order for the joint or common use of the right-of-way that the Governor in Council considers necessary.CompensationThe Governor in Council may also, by order, fix the amount of compensation to be paid in respect of the joint or common use of the right-of-way and any related work if the companies do not agree on the amount of that compensation.Transferring and Discontinuing the Operation of Railway LinesDefinition of railway lineIn this Division, railway line includes a portion of a railway line, but does not includea yard track, siding or spur; orother track auxiliary to a railway line.DeterminationThe Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.Three-year planA railway company shall prepare and keep up to date a plan indicating for each of its railway lines whether it intends to continue to operate the line or whether, within the next three years, it intends to take steps to discontinue operating the line.Public accessibility of planThe railway company shall make the plan accessible to the public by publishing it on its Internet site or the Internet site of an association or other entity representing railway companies.Notification of changesWhenever the railway company makes a change to the plan, it shall notify the following of the change within 10 days after the change:the Minister;the Agency;the minister responsible for transportation matters in the government of each province through which the railway line passes;the chairperson of every urban transit authority through whose territory the railway line passes; andthe clerk or other senior administrative officer of every municipal or district government through which the railway line passes.Information to provide to MinisterThe railway company shall, within 60 days after indicating in the plan its intention to discontinue operating a railway line, provide to the Ministeran assessment of whether or not section 96 applies to the land on which the railway line is located; anda legal description of any land to which the assessment indicates section 96 applies and, in the form specified by the Minister, geographical information that would allow for mapping of the land.Discontinuance already indicated in planIf a railway company has, on the day on which subsection (2.2) comes into force, a plan indicating its intention to discontinue operating a railway line, but the company has not yet made an advertisement under section 143 in respect of that line, it shall provide to the Minister the information referred to in that subsection before making the advertisement.When sale, etc., permittedSubject to section 144.1, a railway company may sell, lease or otherwise transfer its railway lines, or its operating interest in its lines, for continued operation.DeclarationThe railway company shall provide a written declaration to the person to whom the railway line or the operating interest is being sold, leased or otherwise transferred, stating that the sale, lease or transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister.Continued operation of a portion of a lineA railway company that sells, leases or otherwise transfers a portion of a grain-dependent branch line listed in Schedule I, or its operating interest in such a portion, to a person who intends to operate the portion shall continue to operate the remaining portion for three years, unless the Minister determines that it is not in the public interest for the company to do so.1996, c. 10, s. 141; 2000, c. 16, s. 5; 2007, c. 19, s. 35; 2018, c. 10, s. 32Compliance with steps for discontinuanceA railway company shall comply with the steps described in this Division before discontinuing operating a railway line. The railway company shall publish and keep up to date on its Internet site or the Internet site of an association or other entity representing railway companies a report that sets out the date that it commenced and completed each step.LimitationA railway company shall not take steps to discontinue operating a railway line before the company’s intention to discontinue operating the line has been indicated in its plan for at least 12 months.ExceptionSubsection (2) does not apply to a railway company that is the subject of proceedings under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act.Community-based groupsSubsection (2) does not apply and a railway company shall without delay take the steps described in section 143 ifthe federal government, a provincial, municipal or district government or a community-based group endorsed in writing by such a government has written to the company to express an interest in acquiring all or a portion of a grain-dependent branch line that is listed in Schedule I for the purpose of continuing to operate that line or portion of a line; andthat line or portion of a line is indicated on the company’s plan as being a line or a portion of a line that the company intends to take steps to discontinue operating.1996, c. 10, s. 142; 2000, c. 16, s. 6; 2018, c. 10, s. 33Advertisement of availability of railway line for continued rail operationsThe railway company shall advertise the availability of the railway line, or any operating interest that the company has in it, for sale, lease or other transfer for continued operation and its intention to discontinue operating the line if it is not transferred.Content of advertisementThe advertisement must include a description of the railway line and how it or the operating interest is to be transferred, whether by sale, lease or otherwise, and an outline of the steps that must be taken before the operation of the line may be discontinued, includinga statement that the advertisement is directed to persons interested in buying, leasing or otherwise acquiring the railway line, or the railway company’s operating interest in it, for the purpose of continuing railway operations; andthe date by which interested persons must make their interest known in writing to the company, but that date must be at least sixty days after the first publication of the advertisement.Disclosure — advertisementThe advertisement shall also disclosethe existence of any agreement between the railway company and a public passenger service provider in respect of the operation of a passenger rail service on the railway line; andan indication as to whether or not section 96 applies to the land on which that railway line is located.[Repealed, 2007, c. 19, s. 36]1996, c. 10, s. 143; 2007, c. 19, s. 36; 2018, c. 10, s. 34Disclosure of processThe railway company shall disclose the process it intends to follow for receiving and evaluating offers to each interested person who makes their interest known in accordance with the advertisement.[Repealed, 2007, c. 19, s. 37]Negotiation in good faithThe railway company shall negotiate with an interested person in good faith and in accordance with the process it discloses and the interested person shall negotiate with the company in good faith.Net salvage valueThe Agency may, on application by a party to a negotiation, determine the net salvage value of the railway line and may, if it is of the opinion that the railway company has removed any of the infrastructure associated with the line in order to reduce traffic on the line, deduct from the net salvage value the amount that the Agency determines is the cost of replacing the removed infrastructure. The party who made the application shall reimburse the Agency its costs associated with the application.Time limit for agreementThe railway company has six months to reach an agreement after the final date stated in the advertisement for persons to make their interest known.Decision to continue operating a railway lineIf an agreement is not reached within the six months, the railway company may decide to continue operating the railway line, in which case it is not required to comply with section 145, but shall amend its plan to reflect its decision.DeclarationIf an agreement is reached, including an agreement entered into to in accordance with an order by the Agency, the railway company shall provide a written declaration to the person to whom the railway line or the operating interest is being sold, leased or otherwise transferred, stating that the sale, lease or transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister.Remedy if bad faith by a railway companyIf, on complaint in writing by the interested person, the Agency finds that the railway company is not negotiating in good faith and the Agency considers that a sale, lease or other transfer of the railway line, or the company’s operating interest in the line, to the interested person for continued operation would be commercially fair and reasonable to the parties, the Agency may order the railway company to enter into an agreement with the interested person to effect the transfer and with respect to operating arrangements for the interchange of traffic, subject to the terms and conditions, including consideration, specified by the Agency.Remedy if bad faith by an interested personIf, on complaint in writing by the railway company, the Agency finds that the interested person is not negotiating in good faith, the Agency may order that the railway company is no longer required to negotiate with the person.1996, c. 10, s. 144; 2000, c. 16, s. 7; 2007, c. 19, s. 37; 2018, c. 10, s. 35Rights and obligations under passenger service agreements continuedIf a railway line, or a railway company’s operating interest in a railway line, is sold, leased or otherwise transferred under subsection 141(3) or as the result of an advertisement under subsection 143(1) and, before the day such advertisement was made, an agreement was in force between the railway company and a public passenger service provider in respect of the operation of a passenger rail service on the railway line, the rights and obligations of the railway company under the agreement in respect of the operation of that service on that line vest, as of the day the transfer takes place, in the person or entity to which the railway line, or the operating interest, is transferred, unless the public passenger service provider indicates otherwise before that day.Declaration that line is for general advantage of CanadaWhenever a railway company’s rights and obligations under an agreement with VIA Rail Canada Inc. are vested in another person or entity by subsection (1), the portion of the railway line to which the agreement relates is hereby declared, as of the day the transfer takes place, to be a work for the general advantage of Canada.Duration of declarationThe declaration referred to in subsection (2) ceases to have effect ifVIA Rail Canada Inc. ceases to operate a passenger rail service on the portion of railway line to which the declaration relates; orthe operation of the railway line is discontinued.2007, c. 19, s. 38Offer to governmentsThe railway company shall offer to transfer all of its interest in the railway line to the governments and urban transit authorities mentioned in this section for not more than its net salvage value to be used for any purpose ifno person makes their interest known to the railway company, or no agreement with an interested person is reached, within the required time; oran agreement is reached within the required time, but the transfer is not completed in accordance with the agreement.Disclosure — offerThe offer shall disclose whether or not section 96 applies to the land on which that railway line is located, and if the information described in paragraphs 141(2.2)(a) and (b) has not yet been provided to the Minister, the railway company shall provide it to the Minister with the offer.Which governments receive offerAfter the requirement to make the offer arises, the railway company shall send it simultaneouslyto the Minister if the railway line passes throughmore than one province or outside Canada,land that is or was a reserve, as defined in subsection 2(1) of the Indian Act,land that is the subject of an agreement entered into by the railway company and the Minister for the settlement of aboriginal land claims, ora metropolitan area;to the minister responsible for transportation matters in the government of each province through which the railway line passes;to the chairperson of every urban transit authority through whose territory the railway line passes; andto the clerk or other senior administrative officer of every municipal or district government through whose territory the railway line passes.Time limits for acceptanceSubject to subsection 146.3(3), after the offer is receivedby the Minister, the Government of Canada may accept it within 60 days or, if the Minister has extended the period under subsection (3.1), within that period;by a provincial minister, the government of the province may accept it within thirty days, unless the offer is received by the Minister, in which case the government of each province may accept it within an additional thirty days after the end of the period mentioned in paragraph (a) if it is not accepted under that paragraph;by an urban transit authority, it may accept it within an additional 30 days after the end of the period or periods for acceptance under paragraphs (a) and (b), if it is not accepted under those paragraphs; andby a municipal or district government, it may accept it within an additional 30 days after the end of the period or periods for acceptance under paragraphs (a), (b) and (b.1), if it is not accepted under those paragraphs.ExtensionIf the Minister considers it appropriate to do so, the Minister may extend the period referred to in paragraph (3)(a) by 120 days. The Minister may further extend the period, but the total of those further extensions may not exceed 365 days. Each time the Minister extends the period, the Minister shall provide a notice to the railway company and the railway company shall notify the other governments and urban transit authorities.Service obligationsIf the Minister extends the period referred to in paragraph (3)(a), the railway company has no service obligations in respect of the operation of the railway line commencing on the expiry of 150 days after the offer was received by the Minister and ending on the expiry of 280 days after the expiry of the extended period referred to in that paragraph. The railway company shall not remove any of the infrastructure associated with the line during the period for which it has no service obligations.Communication and notice of acceptanceOnce a government or an urban transit authority communicates its written acceptance of the offer to the railway company, the right of any other government or urban transit authority to accept the offer is extinguished, and the railway company must notify the other governments and urban transit authorities of the acceptance.DeclarationThe railway company shall, at the time of a transfer to a government or an urban transit authority, provide a written declaration to the government or urban transit authority stating that the transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister.Net salvage valueIf a government or an urban transit authority accepts the offer, but cannot agree with the railway company on the net salvage value within 90 days after the acceptance, the Agency may, on the application of the government or urban transit authority or the railway company, determine the net salvage value.1996, c. 10, s. 145; 2007, c. 19, s. 39; 2018, c. 10, s. 36DiscontinuationIf a railway company has complied with the process set out in sections 143 to 145, but an agreement for the sale, lease or other transfer of the railway line or an interest in it is not entered into through that process, the railway company may discontinue operating the line on providing notice of the discontinuance to the Agency. After providing the notice, the railway company has no obligations under this Act in respect of the operation of the railway line and has no obligations with respect to any operations by any public passenger service provider over the railway line.Documents to accompany notice of discontinuanceThe notice of discontinuance shall be accompanied by a copy of the advertisement referred to in section 143 and the offers to the governments and transit authorities referred to in subsection 145(1).No obligationIf the railway line, or any interest of the railway company in it, is sold, leased or otherwise transferred by an agreement entered into through the process set out in sections 143 to 145 or otherwise, the railway company that conveyed the railway line has no obligations under this Act in respect of the operation of the railway line as and from the date the sale, lease or other transfer was completed and has no obligations with respect to any operations by any public passenger service provider over the railway line as and from that date.1996, c. 10, s. 146; 2007, c. 19, s. 40; 2018, c. 10, s. 37Obligation following returnIf, by reason of the instrument or act by which a railway line or an operating interest in a railway line is transferred through the process set out in sections 143 to 145 or otherwise, the railway line or operating interest in the railway line returns to the railway company that transferred it, the railway company shall, within 60 days after the day on which the return takes place, resume operations of the line or follow the process set out in sections 143 to 145.No condition or obligationIf a railway line or operating interest in a railway line returns to a railway company that transferred it and the company decides to follow the process set out in sections 143 to 145 in respect of the railway line or operating interest, the company is not subject to subsection 142(2) in respect of the railway line or operating interest and has no obligations under this Act in respect of the operation of the railway line.2008, c. 5, s. 4ExceptionDespite section 146.01, if a railway line or operating interest in a railway line returns to a railway company referred to in that section and, before the day on which the return takes place, an agreement was in force between the person or entity that owned the railway line or had the operating interest in the railway line immediately before the return and a public passenger service provider as defined in section 87 in respect of the operation of a passenger rail service on that railway line, then, unless the public passenger service provider indicates otherwise before that day, the rights and obligations of the person or entity under the agreement in respect of the operation of that service on that line vest, as of that day, in the railway company and the railway company shall resume operations of the railway line.2008, c. 5, s. 8CompensationA railway company that discontinues operating a grain-dependent branch line listed in Schedule I, or a portion of one, that is in a municipality or district shall, commencing on the date on which notice was provided under subsection 146(1), make three annual payments to the municipality or district in the amount equal to $10,000 for each mile of the line or portion in the municipality or district.CompensationIf a railway company to which subsection 146.01(1) applies does not resume operations on a grain-dependent branch line listed in Schedule I within the period provided for in that subsection and does not enter into an agreement for the sale, lease or other transfer of that railway line, or applicable interest in that railway line, after following the process set out in sections 143 to 145, the railway company shall, beginning on the day after the last day on which its offer could have been accepted under section 145, make the annual payments referred to in subsection (1).2000, c. 16, s. 8; 2007, c. 19, s. 41(F); 2008, c. 5, s. 5List of metropolitan sidings and spurs to be dismantledA railway company shall prepare and keep up to date a list of its sidings and spurs that it plans to dismantle and that are located in metropolitan areas or within the territory served by any urban transit authority, except for sidings and spurs located on a railway right-of-way that will continue to be used for railway operations subsequent to their dismantlement.Publication of list and notification of changesThe railway company shall publish the list on its Internet site and, whenever it makes a change to the list, it shall notify the following of the change within 10 days after the change:the Minister;the Agency;the minister responsible for transportation matters in the government of the province in which the siding or spur that is the subject of the change is located;the chairperson of the urban transit authority in whose territory the siding or spur that is the subject of the change is located; andthe clerk or other senior administrative officer of the municipal or district government in which the siding or spur that is the subject of the change is located.LimitationA railway company shall not take steps to dismantle a siding or a spur until at least 12 months have elapsed since the siding or spur was added to the list.Offer to governmentsBefore dismantling a siding or a spur that has been on the list for at least 12 months, a railway company shall send simultaneously to each of the following an offer to transfer all of its interest in the siding or spur for not more than its net salvage value:the Minister;the minister responsible for transportation matters in the government of the province in which the siding or spur is located;the chairperson of the urban transit authority in whose territory the siding or spur is located; andthe clerk or other senior administrative officer of the municipal or district government in which the siding or spur is located.Time limits for acceptanceSubject to subsection 146.3(3), after the offer is receivedby the Minister, the Government of Canada may accept it within 30 days;by the provincial minister, the government of the province may accept it within an additional 30 days after the end of the period mentioned in paragraph (a) if it is not accepted under that paragraph;by the chairperson of an urban transit authority, that authority may accept it within an additional 30 days after the end of the periods for acceptance under paragraphs (a) and (b), if it is not accepted under those paragraphs; andby the clerk or other senior administrative officer of a municipal or district government, that government may accept it within an additional 30 days after the end of the periods for acceptance under paragraphs (a), (b) and (c), if it is not accepted under those paragraphs.Communication and notice of acceptanceOnce a government or an urban transit authority communicates its written acceptance of the offer to the railway company, the right of any other government or urban transit authority to accept the offer is extinguished, and the railway company shall notify the other governments and urban transit authorities of the acceptance.Net salvage valueIf a government or an urban transit authority accepts the offer, but cannot agree with the railway company on the net salvage value within 90 days after the acceptance, the Agency may, on the application of the government, the urban transit authority or the railway company, determine the net salvage value.Dismantling permittedIf the offer is not accepted, the railway company may dismantle the siding or spur on providing notice to the Agency.2007, c. 19, s. 42Determination of net salvage value before expiry of time to accept offerA person to whom a railway line is offered under section 145, or to whom a siding or spur is offered under section 146.2, may apply to the Agency for a determination of the net salvage value of the railway line, siding or spur, as the case may be, at any time before the expiry of the period available to the person to accept the offer.Notification of applicationThe applicant shall without delay provide a copy of the application to the railway company, and the railway company shall without delay notify every other person to whom the offer was made and whose time to accept the offer has not expired that an application for a determination of the net salvage value was made.Effect of applicationIf an application is made under subsection (1), the time available to the applicant to accept the offer expires on the day that is 30 days after the day the Agency notifies the applicant of its determination of the net salvage value and the 30-day period for each other person to accept the offer is calculated on the expiry of the period available to the applicant to accept the offer.CostsThe applicant shall reimburse the Agency’s costs associated with the application.2007, c. 19, s. 42Railway rights of waySections 146.2 and 146.3 apply, with any modifications that are necessary, to railway rights-of-way, that are located in metropolitan areas or within the territory served by any urban transit authority and in respect of which the sidings and spurs have been dismantled, that a railway company plans to sell, lease or otherwise transfer.2007, c. 19, s. 42Passenger railway stationsSections 146.2 and 146.3 apply, with any modifications that are necessary, to passenger railway stations in Canada that a railway company plans to sell, lease or otherwise transfer or dismantle.2007, c. 19, s. 42ComplaintsIf, after receiving a complaint, the Agency finds that a railway company is not complying with this Division, the Agency may order it to take any measures that the Agency considers appropriate to comply with this Division.2018, c. 10, s. 38Transportation of Western GrainInterpretationDefinitionsIn this Division,crop year means the period beginning on August 1 in any year and ending on July 31 in the next year; (campagne agricole)export, in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001 , to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country; (exportation)government hopper car[Repealed, 2018, c. 10, s. 39]grain means any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, orany grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada; (grain)joint line movement[Repealed, 2000, c. 16, s. 9]maximum rate scale[Repealed, 2000, c. 16, s. 9]movement, in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, toThunder Bay or Armstrong, Ontario,Churchill, Manitoba for export,a port in British Columbia for export, other than export to the United States for consumption in that country, ora point west of Thunder Bay or Armstrong, Ontario, if the grain is to be carried to a port in British Columbia for export, other than export to the United States for consumption in that country; (mouvement du grain)port in British Columbia includes Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing; (port de la Colombie-Britannique)prescribed railway company means the Canadian National Railway Company, the Canadian Pacific Railway Company and any railway company that may be specified in the regulations; (compagnie de chemin de fer régie)Western Division means the part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba. (région de l’Ouest)1996, c. 10, s. 147; 2000, c. 16, s. 9; 2001, c. 26, s. 282; 2005, c. 24, s. 3; 2011, c. 25, s. 60; 2018, c. 10, s. 39Application of Division IVApplication to tariffs and ratesThe provisions of Division IV apply, with such modifications as the circumstances require, to tariffs and rates under this Division to the extent that those provisions are not inconsistent with this Division.TariffsIssuance and publicationA prescribed railway company shall issue and publish tariffs that include single car rates in respect of the movement of grain from each grain delivery point on its railway.ProhibitionNo prescribed railway company shall establish a single car rate in a tariff in respect of the movement of grain from a grain delivery point on one of its branch lines that is more than three per cent higher than any single car rate in its tariffs for the movement of the same type of grain under substantially similar conditions for a substantially similar distance from the grain delivery point on one of its main lines that is nearest, as measured in a straight line, to the grain delivery point on the branch line.1996, c. 10, s. 149, c. 18, s. 41; 2000, c. 16, s. 10Maximum Grain Revenue EntitlementCeilingA prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year may not exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1).Payment of excess and penaltyIf a prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1), the company shall pay out the excess amount, and any penalty that may be specified in the regulations, in accordance with the regulations.Items not included in revenueFor the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not includeincentives, rebates or any similar reductions paid or allowed by the company;any amount that is earned by the company and that the Agency determines is reasonable to characterize as a performance penalty or as being in respect of demurrage or for the storage of railway cars loaded with grain;compensation for running rights;any amount that is earned by the company at the interswitching rate determined in accordance with section 127.1; orany amount that is earned by the company for the movement of grain in containers on flat cars.Impermissible reductionsFor the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not be reduced by amounts paid or allowed as dispatch by the company for loading or unloading grain before the expiry of the period agreed on for loading or unloading the grain.Reductions from revenueFor the purposes of this section, if the Agency determines that it was reasonable for a prescribed railway company to make a contribution for the development of grain-related facilities to a grain handling undertaking that is not owned by the company, the company’s revenue for the movement of grain in a crop year shall be reduced by any amount that the Agency determines constitutes the amortized amount of the contribution by the company in the crop year.Agency to determine revenueThe Agency shall make the determination of a prescribed railway company’s revenues for the movement of grain in a crop year on or before December 31 of the following crop year.1996, c. 10, s. 150; 2000, c. 16, s. 10; 2018, c. 10, s. 40[Repealed, 2000, c. 16, s. 10]Maximum revenue entitlementA prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year is the amount determined by the Agency in accordance with the formula[A/B + ((C - D) × $0.022)] × E × FwhereAis the company’s revenues for the movement of grain in the base year;Bis the number of tonnes of grain involved in the company’s movement of grain in the base year;Cis the number of miles of the company’s average length of haul for the movement of grain in that crop year as determined by the Agency;Dis the number of miles of the company’s average length of haul for the movement of grain in the base year;Eis the number of tonnes of grain involved in the company’s movement of grain in the crop year as determined by the Agency; andFis the volume-related composite price index that applies to the company, as determined by the Agency.Canadian National Railway CompanyFor the purposes of subsection (1), in the case of the Canadian National Railway Company,A is $348,000,000;B is 12,437,000; andD is 1,045.Canadian Pacific Railway CompanyFor the purposes of subsection (1), in the case of the Canadian Pacific Railway Company,A is $362,900,000;B is 13,894,000; andD is 897.Volume-related composite price indexThe following rules are applicable to a volume-related composite price index:in the crop year 2016-2017, each prescribed railway company’s index is 1.3275;an index shall be determined in respect of each prescribed railway company; andthe Agency shall make adjustments to each prescribed railway company’s index to reflect the costs incurred by the prescribed railway company to obtain hopper cars for the movement of grain and the costs incurred by the prescribed railway company for the maintenance of those hopper cars.When Agency to make determinationThe Agency shall make the determination of a prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year under subsection (1) on or before December 31 of the following crop year and shall make the determination of a prescribed railway company’s volume-related composite price index on or before April 30 of the previous crop year.Making of adjustmentsDespite subsection (5), the Agency shall make the adjustments referred to in paragraph (4)(c) at any time that it considers appropriate and determine the date when the adjusted index takes effect.1996, c. 10, s. 151; 2000, c. 16, s. 10; 2007, c. 19, s. 43; 2018, c. 10, s. 41Report to MinisterBefore the beginning of every crop year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, thatassesses the prescribed railway company’s ability to move the grain that it is required to move during the crop year taking into account the total volume of grain expected to be moved for the crop year; andidentifies the steps that the prescribed railway company is taking to enable it to move the grain that it is required to move during the crop year.Report — winter contingency plansBefore October 1 of every year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, that describes the railway company’s contingency plans to enable it to move the grain along with other traffic when faced with winter weather conditions.PublicationThe prescribed railway company shall publish the reports referred to in subsections (1) and (2) on its Internet site at the same time that they are provided to the Minister.2018, c. 10, s. 42List of Available SidingsList of available sidingsA prescribed railway company shall prepare and keep up to date a list of the sidings that it makes available in the Western Division where railway cars that are allocated by the Canadian Grain Commission under subsection 87(2) of the Canada Grain Act can be loaded.Publication of listThe railway company shall publish the list on its Internet site.Removal from listThe railway company may remove a siding from the list only after the expiry of 60 days after the publication of a notice of its intention to do so in a newspaper of general circulation in the area where the siding is located.2008, c. 5, s. 6RegulationsRegulationsThe Governor in Council may make regulationsspecifying railway companies for the purposes of the definition prescribed railway company in section 147;specifying, in respect of a prescribed railway company other than the Canadian National Railway Company or the Canadian Pacific Railway Company,revenues for the movement of grain in the base year,the number of tonnes for the movement of grain in the base year, andthe average length of haul for the movement of grain in the base year;specifying a penalty for the purposes of subsection 150(2) and respecting the paying out of the penalty and the excess amount; andfor carrying out the purposes and provisions of this Division.1996, c. 10, s. 152; 2000, c. 16, s. 10Public Passenger Service ProvidersDispute ResolutionApplicationWhenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the negotiation of any agreement concerning the use of the railway company’s railway, land, equipment, facilities or services by the public passenger service provider or concerning the conditions, or the amount to be paid, for that use, the public passenger service provider may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.ApplicationWhenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the implementation of any matter previously decided by the Agency, either the public passenger service provider or the railway company may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.2007, c. 19, s. 44Amount to be fixedIf, pursuant to an application made under subsection 152.1(1), the Agency fixes the amount to be paid by the public passenger service provider for the use of any of the railway company’s railway, land, equipment, facilities or services, that amount must reflect the cost associated with the public passenger service provider’s use of that railway, land or equipment or those facilities or services.FactorsIn determining that amount, the Agency must take into consideration, among other things,the variable costs incurred by the railway company as a result of the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services, including, but not limited to, its variable costs incurred to maintain safe operations and to avoid congestion and undue delay;the railway company’s cost of capital, based on a rate set by the Agency, applied to the net book value of the assets to be used by the public passenger service provider, less any amount to be paid by the public passenger service provider in respect of those assets;the cost of any improvements made by the railway company in relation to the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services;a reasonable contribution towards the railway company’s constant costs; andthe value of any benefits that would accrue to the railway company from any investment made by the public passenger service provider.2007, c. 19, s. 44Duration of decisionAny decision of the Agency in respect of an application made under subsection 152.1(1) is binding on the parties for a period of five years after the day on which the decision is made, or for any other period agreed to by the parties that is specified in the decision.2007, c. 19, s. 44AgreementsProviding copiesA railway company or a public passenger service provider must provide to any person who requests ita copy of any agreement entered into on or after the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services; andsubject to subsection (2), a copy of any agreement entered into before the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services.ExclusionThe Agency may, on application by a railway company or a public passenger service provider, exclude an agreement, or any specified portion of an agreement, from the application of paragraph (1)(b) on the grounds that harm would likely result to the applicant if the agreement, or the specified portion, were to be disclosed.2007, c. 19, s. 44Liability and Compensation in Case of Railway Accidents Involving Designated GoodsInterpretation and ApplicationDefinitionsThe following definitions apply in this Division.designated good meanscrude oil; orany other good that is designated by the regulations. (marchandise désignée)Fund means the Fund for Railway Accidents Involving Designated Goods established by subsection 153.4(1). (Caisse)railway accident means any accident or incident that is associated with the operation,on a railway, whether or not that railway is within the legislative authority of Parliament, by a railway company, of rolling stock that contains a designated good that the company carries on a shipper’s behalf; oron a railway, by a person other than a railway company, of rolling stock that contains a designated good that the person carries on behalf of a person who sends or receives goods. (accident ferroviaire)2015, c. 31, s. 10ApplicationThis Division applies only to a railway company that holds a certificate of fitness that was issued under paragraph 92(1)(b) in respect of the operation of a railway for which that certificate was issued.2015, c. 31, s. 10LiabilityLimit of liability of railway companyA railway company that operates a railway that is involved in a railway accident is liable for the losses, damages, costs and expenses described in subsection 153(1) up to the amount of the minimum liability insurance coverage that the company is required to maintain for the operation of the railway under paragraph 93.1(1)(b).Liability — jointly and severally, or solidarilyIf more than one railway company is liable under subsection (1), the companies are jointly and severally, or solidarily, liable, each up to the amount of the minimum liability insurance coverage that applies to it.Non-applicationThe limit of liability referred to in subsection (1) does not apply to the railway company if it is proved that the railway accident resulted from any act or omission of that company that was committed either with intent to cause the accident or recklessly and with the knowledge that the accident would probably result.2015, c. 31, s. 10No proof of fault or negligenceA railway company’s liability under subsection 152.7(1) does not depend on proof of fault or negligence.2015, c. 31, s. 10Liability under another ActIf a railway company is liable, without proof of fault or negligence, under subsection 152.7(1) and under any other Act with respect to the same railway accident, the company is liable under that subsection up to the greater of the limit of liability for an amount that is referred to in that subsection and the limit up to which the company is liable under the other Act. If the other Act does not set out a limit of liability, the limit set out in that subsection does not apply.2015, c. 31, s. 10Losses, damages, costs and expensesThe losses, damages, costs and expenses referred to in subsection 152.7(1) are the following:all actual loss or damage incurred by any person, other than by a railway company that is liable under subsection 152.7(1), as a result of the railway accident or as a result of any action or measures taken in relation to the accident;the costs and expenses reasonably incurred by Her Majesty in right of Canada or a province or any other person in taking any action or measures in relation to the railway accident; andall loss of non-use value relating to a public resource that is affected by the railway accident or as a result of any action or measures taken in relation to the accident.Definition of actual loss or damageFor the purposes of paragraph (1)(a), actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not includeany loss or damage incurred by a person who operates a railway that is not within the legislative authority of Parliament and that is involved in the railway accident, in respect of the portion of the operation that does not relate to a passenger rail service;any loss of or damage to goods being carried by the railway company or by the person referred to in paragraph (a); orany loss of income that is recoverable under subsection 42(3) of the Fisheries Act.Environmental damageFor the purposes of subsection (1), the measures include remedial measures that are taken to repair, reduce or mitigate environmental damage.Costs and expenses not recoverable under Fisheries ActThe costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this Division are not recoverable under subsection 42(1) of the Fisheries Act.1996, c. 10, s. 153; 2000, c. 16, s. 10; 2015, c. 31, s. 10DefencesA railway company is not liable under subsection 152.7(1) if it establishes thatthe railway accident resulted from an act of war, hostilities, civil war or insurrection; orany other defence set out in the regulations applies.2015, c. 31, s. 10ClaimsAll claims for the losses, damages, costs and expenses described in subsection 153(1) may be sued for and recovered in any court of competent jurisdiction in Canada.Rank of claimsClaims to recover the losses, damages, costs and expenses described in paragraphs 153(1)(a) and (b) shall rank, without preference, before those to recover a loss of non-use value described in paragraph 153(1)(c).Limitation or prescription periodProceedings in respect of the claims referred to in subsection (1) may be instituted within a period of three years beginning on the day on which the losses, damages, costs and expenses were incurred but not after a period of six years beginning on the day on which the railway accident occurred.Proceedings — loss of non-use valueOnly Her Majesty in right of Canada or a province may institute proceedings to recover a loss of non-use value described in paragraph 153(1)(c).2015, c. 31, s. 10Railway company’s rights against third partiesNothing in this Division shall be construed as limiting or restricting any right of recourse that a railway company may have against another person.2015, c. 31, s. 10Fund for Railway Accidents Involving Designated GoodsEstablishment of FundFund establishedThere is established in the accounts of Canada an account to be known as the Fund for Railway Accidents Involving Designated Goods.CreditsThe following are to be credited to the Fund:every amount credited to the Fund under section 153.5;the amount of every sum credited to the Fund under section 153.6;every amount recovered by the Administrator under paragraph 155(2)(c); andevery amount paid under sections 155.7 and 155.8.ChargesThe following are to be charged to the Fund:an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 153.6;every amount paid out of the Consolidated Revenue Fund under subsection 154.2(3);every amount paid as a result of subsection 155(1); andthe amount of any judgment and any costs awarded as the result of an appeal made under subsection 154.9(2) or section 155.1.2015, c. 31, s. 10Interest to be credited to FundThe Minister of Finance shall cause to be credited to the Fund interest, calculated in the manner and at the rate determined by the Governor in Council, on the balance of that Fund.2015, c. 31, s. 10Consolidated Revenue FundIf the amount to the credit of the Fund is insufficient to pay any amount that is charged to the Fund under any of paragraphs 153.4(3)(b) to (d), the Minister of Finance may, subject to any terms and conditions that he or she considers appropriate, direct that a sum equal to the amount required to be paid be charged to the Consolidated Revenue Fund and credited to the Fund.2015, c. 31, s. 10Administrator and Deputy AdministratorAppointment of AdministratorThe Governor in Council shall appoint an Administrator of the Fund.TenureThe Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council.ReappointmentThe Administrator is eligible for reappointment on the expiry of his or her term of office.Continuation in officeIf an Administrator is not appointed to take office on the expiry of the incumbent Administrator’s term, the incumbent continues to hold office until the earlier of the day fixed by the Governor in Council and the day on which a successor is appointed.2015, c. 31, s. 10Appointment of Deputy AdministratorThe Governor in Council may appoint a Deputy Administrator of the Fund.TenureThe Deputy Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council.ReappointmentThe Deputy Administrator is eligible for reappointment on the expiry of his or her term of office.2015, c. 31, s. 10Deputy Administrator’s powers, duties and functionsThe Deputy Administrator is to exercise the powers and perform the duties and functions consistent with this Division that are assigned to him or her by the Administrator.Administrator’s absence or incapacityIf the Administrator is absent or incapacitated or the office of Administrator is vacant, the Deputy Administrator has all the powers, duties and functions of the Administrator.2015, c. 31, s. 10ResignationThe resignation of an Administrator or Deputy Administrator becomes effective at the time that the Minister receives a written resignation from him or her or at the time specified in the resignation, whichever is later.1996, c. 10, s. 154; 2000, c. 16, s. 10; 2015, c. 31, s. 10Conflict of interestThe Administrator or Deputy Administrator shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with his or her powers, duties and functions under this Division.Effect of contraventionIf the Administrator or Deputy Administrator contravenes subsection (1), his or her appointment is terminated on a day fixed by the Governor in Council that is not later than 30 days after the day on which the notice of the contravention is received by the Minister, but the contravention does not affect the validity of any act performed by the Administrator or Deputy Administrator, as the case may be, under this Division between the day on which the contravention occurred and the day on which the appointment is terminated.2015, c. 31, s. 10RemunerationThe Administrator and the Deputy Administrator are to be paid, for the exercise of their powers and the performance of their duties and functions, the remuneration fixed by the Governor in Council.Travelling, living and other expensesThe Administrator and the Deputy Administrator are to be paid, in accordance with Treasury Board directives, reasonable travel, living and other expenses incurred in exercising their powers or performing their duties and functions under this Division while absent from their ordinary place of work.Payment out of Consolidated Revenue FundOn the direction of the Minister of Finance, the remuneration and expenses referred to in subsections (1) and (2) and all other costs and expenses incurred by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division are to be paid out of the Consolidated Revenue Fund and charged to the Fund as provided for by paragraph 153.4(3)(b).TaxationThe Federal Court’s assessment officers may, at the Minister of Justice’s request, tax any account for costs and expenses, other than expenses referred to in subsection (2), incurred by the Administrator and the Deputy Administrator in exercising their powers or performing their duties and functions under this Division as if they were acting for Her Majesty in proceedings in that Court.2015, c. 31, s. 10AssistanceThe Administrator may, for the purpose of exercising his or her powers or performing his or her duties and functions under this Division, obtain any professional, technical or other advice or assistance that he or she considers necessary.2015, c. 31, s. 10ClaimsRight to file claimA person who incurs a loss, damage, cost or expense described in subsection 153(1) as the result of a railway accident may file a claim with the Administrator for the amount of the loss, damage, cost or expense. The claim must be filed within a period of three years beginning on the day on which the loss, damage, cost or expense was incurred, but not after a period of six years beginning on the day on which the railway accident occurred.Burden of proofThe claimant is not required to satisfy the Administrator that the loss, damage, cost or expense resulted from the railway accident, but the Administrator shall dismiss the claim if he or she is satisfied that the loss, damage, cost or expense did not result from the railway accident.2015, c. 31, s. 10InterestFor the purposes of this Division, interest, in respect of the amount of an offer of compensation for a claim made under section 154.4 is deemed to have accrued, at the rate referred to in subsection (2), from the day on which the loss, damage, cost or expense to which the offer relates was incurred.RateThe rate for the purposes of subsection (1) is the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.2015, c. 31, s. 10Investigation and assessmentOn receipt of a claim made under section 154.4, the Administrator shall investigate and assess it.Factors to be consideredIn investigating and assessing a claim, the Administrator shall consider whether the claim resulted wholly or partially froman act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; orthe claimant’s negligence.When claimant at faultThe Administrator shall reduce or nullify any amount of a claim that he or she would have otherwise assessed in proportion to the degree to which he or she is satisfied that the claim resulted froman act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; orthe claimant’s negligence.2015, c. 31, s. 10Offer of compensation — one railway companyIf only one railway company is liable under subsection 152.7(1) for the losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident to which a claim made under section 154.4 relates, the Administrator shall — if he or she is satisfied that the railway company has paid, in respect of all losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident, an amount equal to or greater than the amount of the minimum liability insurance coverage that the railway company was required to maintain under paragraph 93.1(1)(b) for the operation of the railway involved in the railway accident — make an offer of compensation to the claimant for whatever portion of the claim that the Administrator finds to be established and for which the railway company has not provided compensation.Offer of compensation — more than one railway companyIf two or more railway companies are liable under subsection 152.7(1) for the losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident to which a claim made under section 154.4 relates, the Administrator shall — if he or she is satisfied that the railway companies have paid, in respect of all losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident, an amount equal to or greater than the sum that is equal to the total of the amount of the minimum liability insurance coverage that each of the railway companies was required to maintain under paragraph 93.1(1)(b) for the operation of its railway involved in the railway accident — make an offer of compensation to the claimant for whatever portion of the claim that the Administrator finds to be established and for which the railway companies have not provided compensation.2015, c. 31, s. 10Administrator’s powersFor the purpose of investigating and assessing a claim and determining the amount, if any, that a railway company has paid as compensation in relation to the railway accident to which the claim relates, the Administrator has the powers of a commissioner under Part I of the Inquiries Act.2015, c. 31, s. 10Deemed refusalIf the Administrator makes an offer of compensation to a claimant and the claimant does not, within 60 days after receiving the offer, or any longer period that the Administrator allows, notify the Administrator whether they accept or reject it, the claimant is deemed to have refused the offer.Appeal to Federal Court — adequacyThe claimant may, before the expiry of the applicable period under subsection (1), appeal the adequacy of the offer to the Federal Court.2015, c. 31, s. 10Acceptance of offerIf a claimant accepts an offer of compensation from the Administrator, the Administrator shall without delay direct that payment be made to the claimant of the amount of the offer of compensation and an amount equal to the interest that is deemed to have accrued under subsection 154.5(1) in respect of that amount.Effect of acceptanceIf a claimant accepts an offer of compensation,the claimant is precluded from pursuing any rights that they may have against any person in respect of the losses, damages, costs or expenses to which the offer of compensation relates;the Administrator is, to the extent of the payment to the claimant, subrogated to any rights of the claimant in respect of those losses, damages, costs or expenses; andthe Administrator shall take reasonable measures to recover the amount of the payment fromthe railway company — or from any railway company — that is liable under subsection 152.7(1) for those losses, damages, costs or expenses, if the limit of liability referred to in subsection 152.7(1) does not apply to the railway company by reason of subsection 152.7(3) or section 152.9, orany other person who is liable for those losses, damages, costs or expenses.Commencement of actionThe Administrator may, for the purpose of paragraph (2)(c), commence an action in the Administrator’s or the claimant’s name.ClarificationIf a railway company’s limit of liability for the railway accident to which the offer of compensation relates is, by reason of section 152.9, higher than its limit of liability under subsection 152.7(1), nothing in paragraph (2)(c) is to be construed as permitting the Administrator to recover from the railway company an amount that is greater than the difference between the two limits of liability.1996, c. 10, s. 155; 2000, c. 16, s. 10; 2015, c. 31, s. 10Appeal to Federal Court — notice of dismissalA claimant who has received a notification that the Administrator has dismissed their claim may, within 60 days after receiving the notification, appeal the dismissal to the Federal Court.2015, c. 31, s. 10Proceedings Against Railway CompanyProceedings against railway companyIf proceedings are commenced against a railway company in respect of any loss, damage, cost or expense described in subsection 153(1) that resulted from a railway accident, the railway company shall as soon as feasible provide the Administrator with a copy of the document commencing the proceedings.Administrator is partyThe Administrator is a party to the proceedings referred to in subsection (1) and may appear for the purpose of taking any measure that he or she considers appropriate for the proper administration of the Fund.2015, c. 31, s. 10LeviesLevy — crude oilThe levy for the carriage, on a railway, of crude oil is $1.65 per tonne in the year ending on March 31, 2016, adjusted annually in accordance with section 155.4.2015, c. 31, s. 10Annual adjustment of levyThe levy for the carriage, on a railway, of crude oil is to be adjusted annually so that the levy in any following year is an amount equal to the product ofthe levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year, andthe ratio that the Consumer Price Index for the calendar year next before that following year bears to the Consumer Price Index for the calendar year next before that calendar year.Consumer Price IndexFor the purposes of this section,a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the levy under this section; andif at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new content basis, that adjustment does not affect the operation of this section.RegulationsThe Governor in Council may, on the recommendation of the Minister, make regulations respecting the manner in which the average of the Consumer Price Index for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number.Adjusted levy to be publishedThe Minister shall cause the levy for the carriage of crude oil that is adjusted in accordance with this section to be published in the Canada Gazette as soon as it is available, and the levy so published is admissible in any proceedings as conclusive proof of the levy for the year in question.2015, c. 31, s. 10Levy — other trafficThe levy for the carriage, on a railway, of any traffic, other than crude oil, that is specified in the regulations — or for the carriage of any traffic or any class of traffic, other than crude oil, that is specified in the regulations — is the amount specified in the regulations, or calculated in accordance with them.2015, c. 31, s. 10Additional levyIf an amount is charged to the Consolidated Revenue Fund under section 153.6, the Minister may, by order, direct that every railway company that, on a railway, carries traffic for which there is a levy under section 155.3 or 155.5 pay, in accordance with the order, an additional levy in the amount specified in the order, or calculated in accordance with it.RevocationIf such an order is made, the Minister shall revoke it as soon as feasible after an amount equal to the amount charged to the Consolidated Revenue Fund under section 153.6 has been credited to the Consolidated Revenue Fund out of amounts standing to the credit of the Fund and the Minister is satisfied that the terms and conditions in relation to the charging of that amount under that section have been met.2015, c. 31, s. 10Obligation to payEvery railway company that is the first to carry, at a rate other than an interswitching rate, traffic in respect of which there is a levy under section 155.3 or 155.5 after the traffic has been loaded — and every railway company that is directed by an order made under section 155.6 to pay a levy — shall pay to the Receiver General an amount equal to the amount of the levy, applicable to the traffic carried by it, or that is required to be paid under the order, as the case may be,within 30 days after the expiry of the calendar quarter in which the levy became due; orif a regulation made under paragraph 155.97(d) is in force, before the expiry of the period specified in or determined under that regulation.When levy is due — sections 155.3 and 155.5A levy under section 155.3 or 155.5 becomes due on the first day on which the traffic is carried, at a rate other than an interswitching rate, by the railway company that is the first to carry the traffic after it has been loaded.When levy is due — section 155.6A levy imposed by an order made under section 155.6 becomes due on the day provided for in the order.Meaning of calendar quarterIn this section, calendar quarter means a three-month period that begins on the first day of January, April, July or October.2015, c. 31, s. 10; 2018, c. 10, s. 59(F)Interest on unpaid amountsIf any portion of a levy is not paid by a railway company as required by subsection 155.7(1), the company shall pay to the Receiver General interest on that portion — calculated and compounded monthly at the rate of interest determined under the regulations made under section 155.1 of the Financial Administration Act — beginning on the day on which the payment was required to be made and ending on the day before the day on which the payment is received by the Receiver General.Partial paymentIf a partial payment is made, the period for which interest is payable in respect of the amount paid ends on the day before the day on which the partial payment is received by the Receiver General.2015, c. 31, s. 10; 2018, c. 10, s. 43Debt due to Her MajestyAll amounts payable under subsection 155.7(1) and section 155.8 are debts due to Her Majesty in right of Canada and are recoverable in any court of competent jurisdiction from the railway company that is required to pay them.2015, c. 31, s. 10Power to require informationThe Minister may direct that a railway company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Division.2015, c. 31, s. 10Discontinuation and reimpositionThe Minister may, by order, discontinue the application of subsections 113(2.1) and 155.7(1) in respect of the carriage of any traffic — indefinitely or until a time specified in the order — or, by order, reimpose the application of those subsections in respect of the carriage of that traffic if it has been discontinued indefinitely.Annual adjustment of levy unaffectedThe making of an order under subsection (1) does not affect the operation of section 155.4 in respect of any levy.2015, c. 31, s. 10Records and books of accountEvery railway company that is required to pay an amount under subsection 155.7(1) shall keep at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, records and books of account that set outthe amount that is payable by the railway company under that subsection;the type and quantity of the traffic in respect of which that amount is payable;if the traffic to which that amount relates is traffic in respect of which there is a levy under section 155.3 or 155.5, the day on which the traffic was first carried, at a rate other than an interswitching rate, by the railway company after it was loaded and the place from which it was first carried by it after the loading; andif the traffic to which that amount relates is traffic in respect of which there is a levy imposed by an order made under section 155.6, the day on which the traffic was carried by the railway company, the place from which it was carried and the place to which it was carried.Disposal of recordsEvery railway company that is required by subsection (1) to keep records and books of account shall, unless otherwise authorized by the Minister, retain those records and books of account, and every account or voucher that is necessary to verify the information contained in them, until the expiry of six years after the end of the year to which the records or books of account relate.Examination of recordsEvery railway company that is required by subsection (1) to keep records and books of account shall, at all reasonable times, make the records and books of account, and every account or voucher that is necessary to verify the information contained in them, available to any person designated under subsection 155.85(1) and give that person every facility that is necessary to examine them.2015, c. 31, s. 10; 2018, c. 10, s. 59(F)DesignationThe Minister may designate persons or classes of persons for the purposes of the administration and enforcement of subsection 155.7(1) or section 155.84.Certificate of designationEvery person who is designated under subsection (1) is to be provided with a certificate of their designation that must be produced, on request, to the owner, occupier or person in charge of any place referred to in subsection 155.86(1) when the designated person enters the place.2015, c. 31, s. 10InspectionA person who is designated under subsection 155.85(1) may, for a purpose related to verifying compliance with subsection 155.7(1) or section 155.84, enter any place in which they have reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to amounts payable under subsection 155.7(1).Powers on entryThe designated person may, for the purpose referred to in subsection (1),examine anything in the place, including any document;use any means of communication in the place, or cause it to be used;use any computer system in the place, or cause it to be used, to examine data contained in or available to it, or reproduce the data, or cause it to be reproduced, in the form of a printout or other intelligible output and remove any printout or output for examination or copying;prepare a document, or cause one to be prepared, based on the data;use any copying equipment in the place, or cause it to be used;take photographs or make recordings or sketches of anything in the place;prohibit or limit access to all or part of the place or to anything in the place; andremove anything from the place for the purpose of examination.Persons accompanying designated personThe designated person may be accompanied by any person who they believe is necessary to help them exercise their powers or perform their duties or functions under this section.AssistanceThe owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties or functions under this section and shall provide any documents or information, and access to any data, that is reasonably required.2015, c. 31, s. 10Warrant to enter dwelling-houseIf the place referred to in subsection 155.86(1) is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).Authority to issue warrantOn ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath thatthe dwelling-house is a place referred to in subsection 155.86(1);entry to the dwelling-house is necessary for the purpose of that subsection; andentry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.2015, c. 31, s. 10Report to MinisterOn the conclusion of an inspection, the designated person shall provide a written report of their findings to the Minister.2015, c. 31, s. 10Return of documentsA document that is removed under paragraph 155.86(2)(h) must be returned to the person from whose custody it is taken within 21 days after it is taken or within any longer period that is directed by a judge of a superior court or agreed to by a person who is entitled to its return.Notice of application for extension of timeAn application to a judge for a direction under subsection (1) may only be made on notice to the person from whose custody the document is removed.2015, c. 31, s. 10Copies of documentsA document purporting to be certified by the Minister to be a copy of a document made under subsection 155.86(2) is admissible in evidence in any prosecution for an offence in respect of a contravention of a provision of this Division or of a regulation made under this Division — or in respect of a contravention of an order made under this Division — and, in the absence of evidence to the contrary, is proof of its contents.2015, c. 31, s. 10False information, etc.No person shall knowingly make any false or misleading statement, or knowingly provide false or misleading information, either orally or in writing, to a person who is exercising powers or performing duties or functions under section 155.86.ObstructionNo person shall knowingly obstruct or hinder a person who is exercising powers or performing duties or functions under section 155.86.2015, c. 31, s. 10Administration of FundBooks of account and systemsThe Administrator shall causerecords and books of account to be kept in relation to the Fund; andcontrol and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Fund.Administrator’s responsibilityThe Administrator shall keep or maintain, as the case may be, the records, books, systems and practices in a manner that provides reasonable assurance thatthe Administrator’s and Deputy Administrator’s powers, duties and functions under this Division are exercised and performed effectively and in accordance with this Division;the assets used by them are safeguarded and controlled; andthe financial, human and physical resources used by them are managed economically and efficiently.2015, c. 31, s. 10Annual reportThe Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister may direct, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.Form and contentThe annual report must includea statement of the amounts charged and credited to the Fund during the fiscal year;a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division;a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year;the auditor’s report with respect to the statements referred to in paragraphs (a) to (c); andthe costs of preparing the auditor’s report.Definition of fiscal yearIn this section, fiscal year means the period that begins on April 1 in one calendar year and that ends on March 31 in the next calendar year.2015, c. 31, s. 10Special examinationThe Administrator shall cause a special examination to be carried out in respect of the systems and practices referred to in paragraph 155.92(1)(b) to determine if they were, in the period under examination, maintained in a manner that provided reasonable assurance that the assets referred to in paragraph 155.92(2)(b) were safeguarded and controlled and that the resources referred to in paragraph 155.92(2)(c) were managed economically and efficiently.Time for examinationA special examination must be carried out at least once every five years by the Administrator and at any other time that the Governor in Council or Minister may require.ExaminerThe Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment.Conflict of interestThe examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 155.95.PlanBefore an examiner begins a special examination, they shall survey the systems and practices to be examined and submit to the Minister and the Administrator a plan for the examination, including a statement of the criteria to be applied in the examination.Resolution of disagreementsAny disagreement between the examiner and the Administrator with respect to the plan is to be resolved by the Minister.2015, c. 31, s. 10ReportOn the conclusion of a special examination, the examiner shall provide a written report of their findings to the Minister and the Administrator.ContentsThe examiner’s report must includea statement as to whether, in their opinion, with respect to the criteria established under subsection 155.94(5), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; anda statement of the extent to which they relied on internal audits.2015, c. 31, s. 10Right to informationIf the examiner considers it necessary to enable them to prepare a report as required by this Division, they may direct that the present or any former Administrator or Deputy Administrator — or any present or former employee or agent or mandatary of the present or any former Administrator or Deputy Administrator — provide, to the extent that that person is reasonably able to do so, the examiner withinformation and explanations; andaccess to any records, books of account, accounts, vouchers and other documents related to the Fund.Administrator’s responsibilitiesAt the examiner’s request, the Administrator shallprovide any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that the Administrator is reasonably able to provide; andobtain from any former Administrator or the present or any former Deputy Administrator — or from any present or any former employee or agent or mandatary of the present or former Administrator or Deputy Administrator — any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that any of those persons are reasonably able to provide, and then provide the examiner with the information and explanations so obtained.2015, c. 31, s. 10RegulationsGovernor in CouncilThe Governor in Council may make regulationsdesignating goods or classes of goods for the purpose of the definition designated good in section 152.5;setting out defences for the purpose of section 153.1;respecting traffic or any class of traffic for the purposes of section 155.5 and a levy for the carriage of that traffic or class of traffic, or a manner of calculating the levy;respecting a period for the purpose of subsection 155.7(1);respecting the keeping, by railway companies, of information in relation to their carriage of any traffic in respect of which there is a levy under section 155.3 or 155.5, or a levy imposed by an order made under section 155.6, and the filing of that information with the Minister;[Repealed, 2018, c. 10, s. 44]generally for carrying out the purposes and provisions of this Division.2015, c. 31, s. 10; 2018, c. 10, s. 44GeneralSections 26 and 37For the purposes of sections 26 and 37, this Division is deemed not to be a part of an Act of Parliament that is referred to in those sections.2015, c. 31, s. 10Other MattersAccountingUniform accounting system for CN and CPThe Agency may prescribe for the Canadian National Railway Company and the Canadian Pacific Limited a uniform classification and system of accounts of their assets, liabilities, revenues, working expenditures, capitalization, traffic and operating statistics relating to railway operations.Uniform accounting system for other railway companiesThe Agency may prescribe for any other railway company a uniform classification and system as described in subsection (1) or in a condensed form.Items to be classedThe Agency may prescribe the items to be classed as items relating to railway operations in the accounts.DepreciationThe Agency may prescribe the classes of property for which depreciation charges may properly be included under operating expenses in the accounts, and the rates of depreciation to be charged with respect to each of the classes of property.Requirements to keep accountsA railway company for which a classification and system of accounts is prescribed shall keep its accounts in accordance with the prescribed classification and system.Determination of CostsRegulations for determining costsThe Agency may make regulations prescribing items and factors that it shall consider in determining costs under this Part, including depreciation and the cost of capital.Additional considerationsThe Agency may also considerthe principles of costing adopted by the Royal Commission on Transportation appointed by the Order in Council dated May 13, 1959 in arriving at the conclusions contained in its report; andlater developments in railway costing methods and techniques and current conditions of railway operations.Computation of costs of a portion of an undertakingIf the costs of a portion of the railway of a railway company, or one of its operations, are to be computedfor a particular period, the Agency must include in the computation any of the costs of the whole railway, or any other portion of it, that, in the opinion of the Agency, are reasonably attributable to the portion or operation, irrespective of when, in what manner or by whom the costs were incurred; andin respect of future operations of the company, the costs must be determined in accordance with estimates made on any basis that, in the opinion of the Agency, is reasonable in the circumstances.Determination final and bindingA determination of costs by the Agency under this Part is final and binding on all interested or affected parties.Costing informationNo later than August 31 of every year, the Canadian National Railway Company and the Canadian Pacific Railway Company shall provide to the Agency, in the form and manner specified by the Agency, all unit costs, output units and other financial, statistical and supporting information for the preceding calendar year that is required for the determination of costs by the Agency under this Part.1996, c. 10, s. 157; 2018, c. 10, s. 45AgreementsAgreements to apply transportation law to provincial railwaysThe Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respectingaccident investigations and railway crossings; orrailway noise and vibration, or the regulation of the rates and conditions of service of railway companies, to the extent that those matters are governed by this Act.DesignationThe Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.Functions, duties and powersThe designated body, person or class of persons may perform any function or duty and exercise any powers necessary for the enforcement of the law, to the extent specified in the agreement.1996, c. 10, s. 157.1; 2003, c. 22, s. 224(E); 2007, c. 19, s. 46; 2012, c. 7, s. 39Agreements made with provincial authoritiesThe Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the construction and operation of a railway as well as the rates and conditions of service in the same manner and to the same extent as it may regulate a railway within its jurisdiction.1996, c. 10, s. 158; 2007, c. 19, s. 47; 2012, c. 7, s. 40ArbitrationsFinal Offer ArbitrationApplication of sections 161 to 169Sections 161 to 169 apply only in respect of matters arising between shippers and carriers that involvethe carriage of goods by air to which Part II applies, other than their carriage internationally;the carriage of goods by railways to which this Act applies, other than the carriage of goods in trailers or containers on flat cars unless the containers arrive by water at a port in Canada, served by only one railway company, for further movement by rail or arrive by rail at such a port in Canada for further movement by water; orthe carriage by water, for hire or reward, of goods required for the maintenance or development of a municipality or any permanent settlement for northern marine resupply purposes, other than goods required in relation to national defence or in relation to the exploration for or the development, extraction or processing of oil, gas or any mineral.Scope of paragraph (1)(c)Paragraph (1)(c) applies only to resupply services onthe rivers, streams, lakes and other waters within the watershed of the Mackenzie River;the territorial sea and internal waters of Canada that are adjacent to the coast of the mainland and islands of the Canadian Arctic and situated within the area bounded by the meridians of longitude 95° West and 141° West and the parallels of latitude 66° 00′30″ North and 74°00′20″ North; andthe internal waters of Canada comprised in Spence Bay and Shepherd Bay and situated east of the meridian of longitude 95° West.ApplicationParagraph (1)(c) applies only ifthe total register tonnage of all ships used to provide the resupply service exceeds fifty register tons; orthe resupply service originates from a point situated on the waters described in subsection (2).Rail passenger servicesSections 161 to 169 also apply, with any modifications that the circumstances require, in respect of the rates charged or proposed to be charged by, and in respect of any of the conditions associated with the provision of services by, a railway company to any other railway company engaged in passenger rail services, except a public passenger service provider as defined in section 87.1996, c. 10, s. 160; 2008, c. 5, s. 8Submission for final offer arbitrationA shipper who is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any of the conditions associated with the movement of goods, may, if the matter cannot be resolved between the shipper and the carrier, submit the matter in writing to the Agency for a final offer arbitration to be conducted by one arbitrator or, if the shipper and the carrier agree, by a panel of three arbitrators.Contents of submissionA copy of a submission under subsection (1) shall be served on the carrier by the shipper and the submission shall containthe final offer of the shipper to the carrier in the matter, excluding any dollar amounts;the period requested by the shipper, not exceeding two years, for which the decision of the arbitrator is to apply;an undertaking by the shipper to ship the goods to which the arbitration relates in accordance with the decision of the arbitrator;an undertaking by the shipper to the Agency whereby the shipper agrees to pay to the arbitrator the fee for which the shipper is liable under section 166 as a party to the arbitration; andthe name of the arbitrator, if any, that the shipper and the carrier agreed should conduct the arbitration or, if they agreed that the arbitration should be conducted by a panel of three arbitrators, the name of an arbitrator chosen by the shipper and the name of an arbitrator chosen by the carrier.Arbitration precluded in certain casesThe Agency shall not have any matter submitted to it by a shipper under subsection (1) arbitrated if the shipper has not, at least five days before making the submission, served on the carrier a written notice indicating that the shipper intends to submit the matter to the Agency for a final offer arbitration.Final offer arbitration not a proceedingA final offer arbitration is not a proceeding before the Agency.1996, c. 10, s. 161; 2000, c. 16, s. 11; 2018, c. 10, s. 46Submission of final offersWithin 10 days after a submission is served under subsection 161(2), the shipper and the carrier shall submit to the Agency their final offers, including dollar amounts.Copies to the partiesWithout delay after final offers are submitted under subsection (1) by both the shipper and the carrier, the Agency shall provide the shipper and the carrier with copies of each other’s final offer.If no final offer from a partyIf one party does not submit a final offer in accordance with subsection (1), the final offer submitted by the other party is deemed to be the final offer selected by the arbitrator under subsection 165(1).2000, c. 16, s. 12ArbitrationNotwithstanding any application filed with the Agency by a carrier in respect of a matter, within five days after final offers are received under subsection 161.1(1), the Agency shall refer the matter for arbitrationif the parties did not agree that the arbitration should be conducted by a panel of three arbitrators, to the arbitrator, if any, named under paragraph 161(2)(e) or, if that arbitrator is not, in the opinion of the Agency, available to conduct the arbitration or no arbitrator is named, to an arbitrator on the list of arbitrators referred to in section 169 who the Agency chooses and determines is appropriate and available to conduct the arbitration; andif the parties agreed that the arbitration should be conducted by a panel of three arbitrators,to the arbitrators named by the parties under paragraph 161(2)(e) and to any arbitrator who those arbitrators have, within 10 days after the submission was served under subsection 161(2), notified the Agency that they have agreed on, or if those arbitrators did not so notify the Agency, to an arbitrator on the list of arbitrators referred to in section 169 who the Agency chooses and determines is appropriate and available to conduct the arbitration, orif an arbitrator referred to in subparagraph (i) is not, in the opinion of the Agency, available to conduct the arbitration, to the arbitrators named in that subparagraph who are available and to an arbitrator chosen by the Agency from the list of arbitrators referred to in section 169 who the Agency determines is appropriate and available to conduct the arbitration.InterpretationIf a matter was referred to a panel of arbitrators, every reference in subsections (1.2) and (2) and sections 163 to 169 to an arbitrator or the arbitrator shall be construed as a reference to a panel of arbitrators or the panel of arbitrators, as the case may be.Delay in referralIf the shipper consents to an application referred to in subsection (1) being heard before the matter is referred to an arbitrator, the Agency shall defer referring the matter until the application is dealt with.Assistance by AgencyThe Agency may, at the request of the arbitrator, provide administrative, technical and legal assistance to the arbitrator on a cost recovery basis.1996, c. 10, s. 162; 2000, c. 16, s. 13Decision or order affecting a matter being arbitratedThe Agency may, in addition to any other decision or order it may make, order that an arbitration be discontinued, that it be continued subject to the terms and conditions that the Agency may fix or that the decision of the arbitrator be set aside ifthe Agency makes a decision or an order arising out of an application that is in respect of a matter submitted to the Agency for a final offer arbitration and that is filed by a carrier before the matter is referred to arbitration; andthe decision or order affects the arbitration.2000, c. 16, s. 14ProcedureIn the absence of an agreement by the arbitrator and the parties as to the procedure to be followed, a final offer arbitration shall be governed by the rules of procedure made by the Agency.Procedure generallyThe arbitrator shall conduct the arbitration proceedings as expeditiously as possible and, subject to the procedure referred to in subsection (1), in the manner the arbitrator considers appropriate having regard to the circumstances of the matter.Exchange of informationWithin fifteen days after the Agency refers a matter for arbitration, the parties shall exchange the information that they intend to submit to the arbitrator in support of their final offers.InterrogatoriesWithin seven days after receipt of the information referred to in subsection (3), each party may direct interrogatories to the other, which shall be answered within fifteen days after their receipt.Withholding of informationIf a party unreasonably withholds information that the arbitrator subsequently deems to be relevant, that withholding shall be taken into account by the arbitrator in making a decision.Arbitration informationThe arbitrator shall, in conducting a final offer arbitration between a shipper and a carrier, have regard to the information provided to the arbitrator by the parties in support of their final offers and, unless the parties agree to limit the amount of information to be provided, to any additional information that is provided by the parties at the arbitrator’s request.Arbitration considerationsUnless the parties agree otherwise, in rendering a decision the arbitrator shall have regard to whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the matter relates and to all considerations that appear to the arbitrator to be relevant to the matter.Summary processIf the Agency determines that a shipper’s final offer submitted under subsection 161.1(1) involves freight charges in an amount of not more than $2,000,000, adjusted in accordance with section 164.2, and the shipper did not indicate a contrary intention when submitting the offer, sections 163 and 164 do not apply and the arbitration shall proceed as follows:within seven days after a matter is referred to an arbitrator, the shipper and the carrier may file with the arbitrator a response to the final offer of the other party;subject to paragraph (c), the arbitrator shall decide the matter on the basis of the final offers and any response filed under paragraph (a); andif the arbitrator considers it necessary, the arbitrator may invite the parties to make oral representations or may ask the parties to appear before him or her to provide further information.2000, c. 16, s. 15; 2018, c. 10, s. 47Triennial adjustmentThe maximum amount of freight charges for the purpose of section 164.1 shall be adjusted every three years, on April 1, in accordance with the formula[A/B] × CwhereAis the Consumer Price Index for the calendar year before the year in which the adjustment is made;Bis the Consumer Price Index for 2017; andCis $2,000,000.Consumer Price IndexFor the purposes of subsection (1),a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;if at any time the Consumer Price Index for Canada is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the maximum amount under subsection (1); andif at any time the Consumer Price Index for Canada is adjusted to reflect a new content basis, that adjustment does not affect the operation of this section.Maximum amount to be publishedThe Agency shall adjust the maximum amount in accordance with subsection (1) and cause it to be published in the Canada Gazette no later than March 31 before the commencement of the three-year period for which the maximum amount applies, and that published amount is conclusive proof of the maximum amount for that three-year period.2018, c. 10, s. 48Decision of arbitratorThe decision of the arbitrator in conducting a final offer arbitration shall be the selection by the arbitrator of the final offer of either the shipper or the carrier.Requirements re decisionThe decision of the arbitrator shallbe in writing;unless the parties agree otherwise, be rendered within 60 days or, in the case of an arbitration conducted in accordance with section 164.1, 30 days after the date on which the submission for the final offer arbitration was received by the Agency; andbe rendered so as to apply for the period that is agreed to by the parties or, if no period has been agreed to by the parties, for the period, not exceeding two years, that the shipper requested in its submission.Incorporation in tariffThe carrier shall, without delay after the arbitrator’s decision, set out the rate or rates or the conditions associated with the movement of goods that have been selected by the arbitrator in a tariff of the carrier, unless, where the carrier is entitled to keep the rate or rates or conditions confidential, the parties to the arbitration agree to include the rate or rates or conditions in a contract that the parties agree to keep confidential.Reasons not requiredNo reasons shall be set out in the decision of the arbitrator.Reasons may be requestedThe arbitrator shall, if requested by all of the parties to the arbitration within 30 days or, in the case of an arbitration conducted in accordance with section 164.1, seven days after the decision of the arbitrator, give written reasons for the decision.Application of decisionExcept where both parties agree otherwise,the decision of the arbitrator on a final offer arbitration shall be final and binding and be applicable to the parties as of the date on which the submission for the arbitration was received by the Agency from the shipper, and is enforceable as if it were an order of the Agency; andthe arbitrator shall direct in the decision that interest at a reasonable rate specified by the arbitrator shall be paid to one of the parties by the other on moneys that, as a result of the application of paragraph (a), are owed by a party for the period between the date referred to in that paragraph and the date of the payment.Payment by partyMoneys and interest referred to in paragraph (6)(b) that are owed by a party pursuant to a decision of the arbitrator shall be paid without delay to the other party.1996, c. 10, s. 165; 2000, c. 16, s. 16; 2018, c. 10, s. 49Arbitration feesThe Agency may fix the fee to be paid to an arbitrator for the costs of, and the services provided by, the arbitrator in final offer arbitration proceedings.Payment of fees and costsThe shipper and the carrier shall share equally, whether or not the proceedings are terminated pursuant to section 168, in the payment of the fee fixed under subsection (1) and in the costborne by the Agency for administrative, technical and legal services provided to the arbitrator pursuant to subsection 162(2); andof the preparation of any reasons requested pursuant to subsection 165(5).Confidentiality of informationWhere the Agency is advised that a party to a final offer arbitration wishes to keep matters relating to the arbitration confidential,the Agency and the arbitrator shall take all reasonably necessary measures to ensure that the matters are not disclosed by the Agency or the arbitrator or during the arbitration proceedings to any person other than the parties; andno reasons for the decision given pursuant to subsection 165(5) shall contain those matters or any information included in a contract that the parties agreed to keep confidential.Termination of proceedingsWhere, before the arbitrator renders a decision on a final offer arbitration, the parties advise the Agency or the arbitrator that they agree that the matter being arbitrated should be withdrawn from arbitration, the arbitration proceedings in respect of the matter shall be immediately terminated.List of arbitratorsThe Agency shall, from time to time, in consultation with representatives of shippers and carriers, establish a list of persons who agree to act as arbitrators in final offer arbitrations. The list must state which of the persons have indicated that they have expertise that may assist them in conducting final offer arbitrations and the nature of that expertise.List per modeA separate list of persons may be established under subsection (1) in respect of each or any mode of transportation, as the Agency considers appropriate.Publication of listThe Agency shall have the list of persons made known to representatives of shippers and carriers throughout Canada.1996, c. 10, s. 169; 2000, c. 16, s. 17MediationThe parties to a final offer arbitration may, by agreement, refer to a mediator, which may be the Agency, a matter that has been submitted for a final offer arbitration under section 161.Establishment of rosterThe Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators in any matter referred to it under subsection (1).Confidentiality of mediationAll matters relating to the mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.Time limit for completion of mediationUnless the parties otherwise agree, the mediation shall be completed within 30 days after the matter is referred for mediation.Effect of mediation on final offer arbitrationThe mediation has the effect ofstaying the conduct of the final offer arbitration for the period of the mediation; andextending the time within which the arbitrator must make a decision in the matter of the final offer arbitration by the period of the mediation.Mediator not to act in other proceedingsThe person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.2008, c. 5, s. 7Joint offer of several shippersIn the case where more than one shipper is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any conditions associated with the movement of goods, those shippers may, if the matter cannot be resolved between them and the carrier, submit the matter jointly to the Agency for a final offer arbitration, in which case sections 161 to 169 apply, with any modifications that the circumstances require.Common matter and application of the offerA matter submitted jointly to the Agency for a final offer arbitration shall be common to all the shippers and the shippers shall make a joint offer in respect of the matter, the terms of which apply to all of them.Arbitration precluded in certain casesThe Agency shall not have any matter submitted to it for a final offer arbitration under subsection (1) arbitrated unless the shippers demonstrate, to the satisfaction of the Agency, that an attempt has been made to mediate the matter.Confidentiality of mediationAll matters relating to a mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.Mediator not to act in other proceedingsThe person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.Matter submitted by more than one shipperIn the case of a matter that is submitted jointly under subsection (1),the period referred to in subsection 161.1(1) is 20 days;the arbitrator may, if he or she considers it necessary, extend any of the periods referred to in subsections 163(3) and (4) and paragraph 164.1(a); andthe decision of the arbitrator shall, despite paragraph 165(2)(b), be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration is received by the Agency unless the parties agree otherwise.2008, c. 5, s. 7Time limit — preliminary applicationsDespite sections 162 and 162.1, any application filed with the Agency by a carrier in respect of a matter submitted jointly to the Agency under subsection 169.2(1) shall be filed with the Agency no later than seven days after the day on which the joint submission is made.Service of copyA copy of the application shall be served on each of the shippers making the joint submission no later than the day on which the application is required to be filed under subsection (1).Joint answerThe shippers, no later than five days after the day on which the last shipper was served under subsection (2), shall file with the Agency a joint answer to the application and serve a copy of it on the carrier.ReplyThe carrier, no later than two days after the day on which it was served under subsection (3), shall file with the Agency a reply to the joint answer and serve a copy of it on each of the shippers.Decision of AgencyThe Agency shall issue its decision on the application no later than the day on which the matter is required to be referred to arbitration under subsection 162(1).Deemed conformityIf no application referred to in subsection (1) is filed within the limit set out in that subsection, the matter submitted jointly is deemed to conform to the requirements of subsection 169.2(2).2008, c. 5, s. 7Arbitration on Level of ServicesSubmission for arbitration — confidential contractIf a shipper and a railway company are unable to agree and enter into a contract under subsection 126(1) respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may submit any of the following matters, in writing, to the Agency for arbitration:the operational terms that the railway company must comply with in respect of receiving, loading, carrying, unloading and delivering the traffic, including performance standards and communication protocols;the operational terms that the railway company must comply with if it fails to comply with an operational term described in paragraph (a);any operational term that the shipper must comply with that is related to an operational term described in paragraph (a) or (b);any amount to be paid by the company or the shipper in relation to a failure to comply with any operational term described in paragraphs (a) to (c);any service provided by the railway company incidental to transportation that is customary or usual in connection with the business of a railway company;the question of whether the railway company may apply a charge with respect to an operational term described in paragraph (a) or (b) or for a service described in paragraph (d); orthe dispute resolution process related to the implementation of the arbitrator’s decision.RegulationsThe Agency may make regulations specifying what constitutes operational terms for the purposes of paragraphs (1)(a) to (c).Matter excluded from arbitrationThe shipper is not entitled to submit to the Agency for arbitration a matter thatis governed by a written agreement, including a confidential contract, to which the shipper and the railway company are parties; oris the subject of an order, other than an interim order, made under subsection 116(4).Excluded matter — trafficThe shipper is not entitled to submit to the Agency for arbitration a matter that is in respect of traffic that is the subject ofa confidential contract between the shipper and the railway company that is in force immediately before the day on which this section comes into force;a tariff, or a contract, referred to in subsection 165(3);a long-haul interswitching order made under subsection 134(1); oran arbitrator’s decision made under section 169.37.ClarificationFor greater certainty, a rate for the movement of the traffic is not to be subject to arbitration.2013, c. 31, s. 11; 2014, c. 8, s. 8; 2018, c. 10, ss. 50, 95Contents of submissionThe submission must containa detailed description of the matters submitted to the Agency for arbitration;a description of the traffic to which the service obligations relate;an undertaking with respect to the traffic, if any, given by the shipper to the railway company that must be complied with for the period during which the arbitrator’s decision applies to the parties, other than an undertaking given by the shipper to the railway company with respect to an operational term described in paragraph 169.31(1)(c);an undertaking given by the shipper to the railway company to ship the goods to which the service obligations relate in accordance with the arbitrator’s decision; andan undertaking given by the shipper to the Agency to pay the fee and costs for which the shipper is liable under subsection 169.39(3) as a party to the arbitration.Copy of submission servedThe shipper must serve a copy of the submission on the railway company on the day on which it submits the matters to the Agency for arbitration.2013, c. 31, s. 11Arbitration precluded in certain casesThe Agency must dismiss the submission ifthe shipper has not, at least 15 days before making it, served on the railway company and the Agency a written notice indicating that the shipper intends to make a submission to the Agency for arbitration; orthe shipper does not demonstrate, to the Agency’s satisfaction, that an attempt has been made to resolve the matters contained in it.Content of noticeThe notice must contain the descriptions referred to in paragraphs 169.32(1)(a) and (b) and, if the shipper’s submission will contain an undertaking described in paragraph 169.32(1)(c), a description of that undertaking.2013, c. 31, s. 11Submission of proposalsDespite any application filed under section 169.43, the shipper and the railway company must each submit, within 10 days after the day on which a copy of a submission is served under subsection 169.32(2), to the Agency, in order to resolve the matters that are submitted to it for arbitration by the shipper, a proposal that contains any of the following terms:any operational term described in paragraph 169.31(1)(a), (b) or (c);any term with respect to an amount described in paragraph 169.31(1)(c.1), if the matter in respect of the amount has been submitted by the shipper for arbitration;any term for the provision of a service described in paragraph 169.31(1)(d);any term with respect to the application of a charge described in paragraph 169.31(1)(e); orany term with respect to the dispute resolution process described in paragraph 169.31(1)(f).Proposals provided to partiesThe Agency must provide the shipper and the railway company with a copy of the other party’s proposal immediately after the day on which it receives the last of the two proposals.Exchange of informationThe parties must exchange the information that they intend to submit to the arbitrator in support of their proposals within 20 days after the day on which a copy of a submission is served under subsection 169.32(2) or within a period agreed to by the parties or fixed by the arbitrator.ExceptionUnless the parties agree otherwise, a party to the arbitration is not, in support of the proposal it submits under subsection (1), to refer to any offer, or any part of an offer, that was made to it — before a copy of the submission is served under subsection 169.32(2) — by the other party to the arbitration for the purpose of entering into a confidential contract.If no proposal from partyIf one party does not submit a proposal in accordance with subsection (1), the proposal submitted by the other party is the arbitrator’s decision made under section 169.37.2013, c. 31, s. 11; 2018, c. 10, s. 51ArbitrationDespite any application filed under section 169.43, the Agency must refer, within two business days after the day on which it receives the last of the two proposals, the matters for arbitration to be conducted by an arbitrator that it chooses.Arbitrator not to act in other proceedingsThe arbitrator is not to act in any other proceedings in relation to a matter that is referred to him or her for arbitration.Assistance by AgencyThe Agency may, at the arbitrator’s request, provide administrative, technical and legal assistance to the arbitrator.Arbitration not proceedingThe arbitration is not a proceeding before the Agency.2013, c. 31, s. 11Agency’s rules of procedureThe Agency may make rules of procedure for an arbitration.Procedure generallySubject to any rule of procedure made by the Agency and in the absence of an agreement between the arbitrator and the parties as to the procedure to be followed, the arbitrator must conduct the arbitration as quickly as possible and in the manner that he or she considers appropriate having regard to the circumstances of the matter.QuestionsEach party may direct questions to the other in the manner that the arbitrator considers appropriate.2013, c. 31, s. 11Arbitrator’s decisionThe arbitrator’s decision must establish the following terms, or any combination of the following terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration:any operational term described in paragraph 169.31(1)(a), (b) or (c);any term with respect to an amount described in paragraph 169.31(1)(c.1) if the matter in respect of the amount has been submitted by the shipper for arbitration;any term for the provision of a service described in paragraph 169.31(1)(d);any term with respect to the application of a charge described in paragraph 169.31(1)(e); orany term with respect to the dispute resolution process described in paragraph 169.31(1)(f).Elements to considerIn making the decision, the arbitrator must have regard to the following:the traffic to which the service obligations relate;the service that the shipper requires with respect to the traffic;any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission;the railway company’s obligations under this Act in respect of the operation of the railway;the railway company’s obligations, if any, with respect to a public passenger service provider;the railway company’s and the shipper’s operational requirements and restrictions;the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; andany information that the arbitrator considers relevant.EfficiencyThe arbitrator shall establish a term with respect to an amount described in paragraph 169.31(1)(c.1) in a manner that encourages the efficient movement of the shipper’s traffic and the performance of the railway system and that is balanced between the shipper and the railway company.2013, c. 31, s. 11; 2018, c. 10, s. 52Requirements of decisionThe arbitrator’s decision mustbe made in writing;be made so as to apply to the parties for a period of one year as of the date of his or her decision, unless the parties agree otherwise; andbe commercially fair and reasonable to the parties.Decision bindingThe arbitrator’s decision is final and binding on the parties and is deemed, for the purposes of Division IV of Part III and its enforceability between the parties, to be a confidential contract.Period for making decisionThe arbitrator’s decision must be made within 45 days after the day on which the matters are submitted to the Agency for arbitration under subsection 169.31(1) unless in the arbitrator’s opinion making a decision within that period is not practical, in which case the arbitrator must make his or her decision within 65 days after that day.Period — agreement of partiesDespite subsection (3), the arbitrator may, with the agreement of the parties, make his or her decision within a period that is longer than 65 days after the day on which the matters are submitted to the Agency for arbitration.Copy of decision to AgencyThe arbitrator must provide the Agency with a copy of his or her decision.2013, c. 31, s. 11Arbitration feesThe Agency may fix the fee to be paid to it or, if the arbitrator is not a member or on the staff of the Agency, to the arbitrator for the arbitrator’s services in arbitration proceedings.Arbitration fees — not memberAn arbitrator who is not a member or on the staff of the Agency may fix a fee for his or her services if the Agency does not do so under subsection (1).Payment of fees and costsThe shipper and the railway company are to share equally, whether or not the proceedings are terminated under section 169.41, in the payment of the fee for the arbitrator’s services and in the payment of the costs related to the arbitration, including those borne by the Agency in providing administrative, technical and legal assistance to the arbitrator under subsection 169.35(3).Cost related to arbitrationCosts related to the arbitration also include the cost to the Agency when a member or a person on the staff of the Agency acts as an arbitrator and the Agency does not fix a fee for that arbitrator under subsection (1).2013, c. 31, s. 11Confidentiality of informationIf the Agency and the arbitrator are advised that a party to an arbitration wishes to keep information relating to the arbitration confidential, the Agency and the arbitrator must take all reasonably necessary measures to ensure that the information is not disclosed by the Agency or the arbitrator or during the arbitration to any person other than the parties.Limited disclosureDespite subsection (1), the Agency may, in the exercise of its powers or in the performance of its duties and functions under this Act, disclose any information that a party advised the Agency and the arbitrator it wishes to keep confidential.2013, c. 31, s. 11Termination of proceedingsIf, before the arbitrator makes his or her decision, the parties advise the Agency or the arbitrator that they agree that the matters being arbitrated should be withdrawn from arbitration, any proceedings in respect of those matters are immediately terminated.2013, c. 31, s. 11List of arbitratorsThe Agency, in consultation with representatives of shippers and railway companies, must establish a list of persons, including persons who are members or on the staff of the Agency, who agree to act as arbitrators in arbitrations.Expertise requiredOnly persons who, in the Agency’s opinion, have sufficient expertise to act as arbitrators are to be named in the list.Publication of listThe Agency must publish the list on its Internet site.2013, c. 31, s. 11Application for orderA railway company may apply to the Agency, within 10 days after the day on which it is served with a copy of a submission under subsection 169.32(2), for an order declaring that the shipper is not entitled to submit to the Agency for arbitration a matter contained in the shipper’s submission.Content of orderIf the Agency makes the order, it may alsodismiss the submission for arbitration, if the matter contained in it has not been referred to arbitration;discontinue the arbitration;subject the arbitration to any terms that it specifies; orset aside the arbitrator’s decision or any part of it.Period for making decisionThe Agency must make a decision on the railway company’s application made under subsection (1) as soon as feasible but not later than 35 days after the day on which it receives the application.2013, c. 31, s. 11Transportation of Persons with DisabilitiesDefinitionsThe following definitions apply in paragraph 5(d.1) and this Part.barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle)disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap)2019, c. 10, s. 169RegulationsThe Agency may, after consulting with the Minister, make regulations for the purpose of identifying or removing barriers or preventing new barriers — particularly barriers in the built environment, information and communication technologies and the design and delivery of programs and services — in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities, including regulations respectingthe design, construction or modification of, and the posting of signs on, in or around, means of transportation and related facilities and premises, including equipment used in them;the training of personnel employed at or in those facilities or premises or by carriers;tariffs, rates, fares, charges and terms and conditions of carriage applicable in respect of the transportation of persons with disabilities or incidental services; andthe communication of information to persons with disabilities.Incorporation by referenceRegulations made under subsection (1) incorporating standards or enactments by reference may incorporate them as amended from time to time.ExemptionThe Agency may, with the approval of the Governor in Council, make orders exempting specified persons, means of transportation, services or related facilities and premises from the application of regulations made under subsection (1).ExemptionOn application and after consulting with the Minister, the Agency may, by order, on any terms that it considers necessary,exempt a person from the application of regulations made under subsection (1) if the Agency is satisfied that the person has taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers; orexempt a class of persons from the application of regulations made under subsection (1) if the Agency is satisfied that all the members of the class have taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers.The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.1996, c. 10, s. 1702019, c. 10, s. 170CoordinationThe Agency and the Canadian Human Rights Commission shall coordinate their activities in relation to the transportation of persons with disabilities in order to foster complementary policies and practices and to avoid jurisdictional conflicts.1996, c. 10, s. 1712019, c. 10, s. 171(F)Inquiry — barriers to mobilityThe Agency may, on application, inquire into a matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities.RemediesOn determining that there is an undue barrier to the mobility of persons with disabilities, the Agency may do one or more of the following:require the taking of appropriate corrective measures;direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation;direct that compensation be paid for any wages that a person with a disability was deprived of as a result of the barrier;direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier;direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice.Compliance with regulationsIf the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.1996, c. 10, s. 1722019, c. 10, s. 172Inquiry — subsection 170(1)The Agency may, on application, inquire into a matter concerning any regulations made under subsection 170(1) to determine if the applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention of any provision of those regulations.RemediesOn determining that an applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention referred to in subsection (1), the Agency may do one or more of the following:require the taking of appropriate corrective measures;direct that compensation be paid to the applicant for any expense incurred by them arising out of the contravention, including for any costs of obtaining alternative goods, services or accommodation;direct that compensation be paid to the applicant for any wages that they were deprived of as a result of the contravention;direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by them arising out of the contravention;direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the contravention is the result of a wilful or reckless practice.2019, c. 10, s. 172Annual adjustmentFor the purpose of paragraphs 172(2)(d) and (e) and 172.1(2)(d) and (e), the maximum amount shall be adjusted annually so that in any calendar year following the one during which this section comes into force it is equivalent to the product ofthe amount that would have been the maximum amount for that following calendar year if no adjustment had been made under this section with respect to that year, andthe ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year next before that preceding calendar year.Consumer Price IndexFor the purpose of subsection (1), a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period.Publication of adjusted amountWhen a maximum amount is adjusted in accordance with this section, the Agency shall publish the maximum amount as so adjusted as soon as it is determined.InterestA direction to pay compensation under any of paragraphs 172(2)(b) and (c) and 172.1(2)(b) and (c) may include an award of interest at a rate and for a period that the Agency considers appropriate.2019, c. 10, s. 172Inquiry — transportation of persons with disabilitiesThe Agency may on its own initiative, with the Minister’s approval and on any terms that he or she considers appropriate, inquire into any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities.2019, c. 10, s. 172Participant funding programThe Agency may establish a participant funding program to facilitate the participation of persons with disabilities in hearings that are held for the purposes of inquiries made under section 172, 172.1 or 172.3.2019, c. 10, s. 172GeneralEnforcementFalse information, etc.No person shall knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister in connection with any matter under this Act.Obstruction and false statementsNo person shall knowingly obstruct or hinder, or make any false or misleading statement, either orally or in writing, to a person designated as an enforcement officer pursuant to paragraph 178(1)(a) who is engaged in carrying out functions under this Act.OffenceEvery person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liablein the case of an individual, to a fine not exceeding $5,000; andin the case of a corporation, to a fine not exceeding $25,000.Officers, etc., of corporation re offencesWhere a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.Time limit for commencement of proceedingsProceedings by way of summary conviction in respect of an offence under this Act may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.Administrative Monetary PenaltiesDefinition of TribunalFor the purposes of sections 180.1 to 180.7, Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.2007, c. 19, s. 48Regulation-making powersThe Agency may, by regulation,designateany provision of this Act or of any regulation, order or direction made pursuant to this Act,the requirements of any provision referred to in subparagraph (i), orany condition of a licence issued under this Act,as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; andprescribe the maximum amount payable for each violation, but the amount shall not exceed$5,000, in the case of an individual, and$25,000 — or, in the case of a violation involving a contravention of any provision of a regulation made under subsection 86.11(1), $250,000 — in the case of a corporation.[Repealed, 2018, c. 10, s. 53]Regulations by MinisterThe Minister may, by regulation,designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; andprescribe the maximum amount payable for each violation, but the amount shall not exceed$5,000, in the case of an individual, and$25,000, in the case of a corporation.Certain provisionsThe contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.Regulations made under subsection 50(1.01)The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.Sections 93.1 or 94The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.Subsections 155.7(1) or 155.84(1) to (3)The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.Subsection 170(1) and Accessible Canada ActThe contravention of any provision of any regulation made under subsection 170(1) — or the contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act — may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $250,000.1996, c. 10, s. 177; 2007, c. 19, s. 49; 2013, c. 31, s. 12; 2014, c. 8, s. 9; 2015, c. 31, s. 11; 2018, c. 10, s. 532019, c. 10, s. 1732023, c. 26, s. 4462023, c. 26, s. 466Notices of violationThe Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), maydesignate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; andestablish the form and content of notices of violation.Powers of enforcement officersEvery person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).Certification of designated personsEvery person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.Powers of designated personsFor the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer under paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act or any of sections 60 to 62 of the Accessible Canada Act.Assistance to enforcement officersAny person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act or any of sections 60 to 62 of the Accessible Canada Act.1996, c. 10, s. 178; 2007, c. 19, s. 50; 2013, c. 31, s. 13; 2014, c. 8, s. 10; 2015, c. 31, ss. 12, 38; 2018, c. 10, ss. 54, 962019, c. 10, s. 1742023, c. 26, s. 447Other powers of enforcement officersAn enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,open and examine any receptacle or package found in the place;examine anything found in the place;examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;use or cause to be used any copying equipment at the place to make copies of any document;take photographs and make recordings and sketches;order the owner or person having possession of any thing to which any provision of this Act or of any regulation, order or direction made under this Act or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;order any person in that place to establish their identity to the enforcement officer’s satisfaction; andorder a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.Means of telecommunicationFor the purpose of the exercise, for the purpose referred to in subsection (1), of the power of entry conferred under subsection 178(2), an enforcement officer is considered to have entered a place when accessing it remotely by a means of telecommunication.Limitation — place not accessible to the publicAn enforcement officer who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).Accompanying individualAn enforcement officer may be accompanied by any other individual the officer believes is necessary to help them exercise their powers or perform their duties or functions under this section.Entering private propertyAn enforcement officer and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.AssistanceThe owner or other person in charge of a place entered by an enforcement officer for the purpose referred to in subsection (1) and every individual found in the place must give the enforcement officer all reasonable assistance in the individual’s power and provide the enforcement officer with any information that the enforcement officer may reasonably require.2019, c. 10, s. 1752023, c. 26, s. 448ViolationsEvery person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i).[Repealed, 2014, c. 8, s. 11]How contraventions may be proceeded withWhere any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.Nature of violationFor greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.Continuing violationA violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.1996, c. 10, s. 179; 2007, c. 19, s. 51(F); 2014, c. 8, s. 112019, c. 10, s. 1762023, c. 26, s. 449Issuance of notice of violationIf a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue, and shall serve on the person, a notice of violation that names the person, identifies the violation andin the case of a contravention other than one referred to in paragraph (b), sets out the penalty for the violation that the person is liable to pay;in the case of a contravention of any provision of any regulation made under subsection 170(1) or a contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Actcontains a warning, orsets out the penalty for the violation that the person is liable to pay, and a lesser amount that may be paid in complete satisfaction of the amount of the penalty if paid within the time and in the manner set out in the notice; andsets out the particulars concerning the time for paying and the manner of paying the penalty, if there is one.1996, c. 10, s. 180; 2001, c. 29, s. 52; 2007, c. 19, s. 52; 2018, c. 10, s. 552019, c. 10, s. 177OptionsSubject to subsections (2) to (4), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.Subsection 170(1) or Accessible Canada Act — warningA person who has been served with a notice of violation that contains a warning may file with the Agency a written request for a review of the facts of the alleged contravention.Subsection 170(1) or Accessible Canada Act — penaltyA person who has been served with a notice of violation that identifies a violation referred to in subsection 177(3) and that sets out a penalty for the violation mustpay the amount of the penalty — or the lesser amount — specified in the notice;file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; orrequest, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations or of the Accessible Canada Act to which the violation relates.Regulations made under subsection 86.11(1) — penaltyA person who has been served with a notice of violation that identifies any provision of a regulation made under subsection 86.11(1) that was contravened and that sets out a penalty for the violation mustpay the amount of the penalty specified in the notice;file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; orrequest, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations to which the violation relates.2007, c. 19, s. 522019, c. 10, s. 1772023, c. 26, s. 467Payment of specified amountIf a person who is served with a notice of violation that sets out a penalty pays the amount of the penalty — or, in the case of a person to whom subsection 180.1(3) applies, the lesser amount — specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount in complete satisfaction of the amount of the penalty and no further proceedings under this Part shall be taken against the person in respect of the contravention.2007, c. 19, s. 522019, c. 10, s. 177Request for review — penaltyA person who is served with a notice of violation that sets out a penalty and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.Time and place for reviewOn receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.Burden of proofThe burden of establishing that a person has contravened a designated provision is on the Minister.Person not compelled to testifyA person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.2007, c. 19, s. 522019, c. 10, s. 178[Repealed, 2019, c. 10, s. 179]Determination by Tribunal memberIf, at the conclusion of a review under section 180.3, the member of the Tribunal who conducts the review determines thatthe person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to section 180.6, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; orthe person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.2007, c. 19, s. 52; 2018, c. 10, s. 56Right of appealThe Minister or a person affected by a determination made under section 180.5 may, within 30 days after the determination, appeal it to the Tribunal.Loss of right of appealA party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.CertificateIf the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.2007, c. 19, s. 52; 2018, c. 10, s. 57Request for review — warningA person who is served with a notice of violation that contains a warning and who wishes to have the facts of the alleged contravention reviewed shall, on or before the date specified in the notice or within any further time that the Agency on application may allow, file a written request for a review with the Agency at the address set out in that notice.Burden of proofThe burden of establishing that a person has contravened the provision of the regulations or of the Accessible Canada Act to which a notice of violation relates is on an enforcement officer.Determination by AgencyAt the conclusion of a review, the Agency shall without delay inform the person who is alleged to have contravened the provision and the enforcement officer of its determination. If the Agency determines that the person has not contravened the provision, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention.DeemingIf a person does not file a request for a review under subsection (1), the person is deemed to have committed the contravention alleged in the notice of violation.2019, c. 10, s. 180Entering into compliance agreementsAfter considering a request made under paragraph 180.1(3)(c) or (4)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms mayinclude a provision for the deposit of reasonable security, in a form and amount satisfactory to the Agency, as a guarantee that the person will comply with the compliance agreement; andprovide for the reduction, in whole or in part, of the amount of the penalty.DeemingA person who enters into a compliance agreement is, on doing so, deemed to have committed the contravention in respect of which the compliance agreement was entered into.Notice of complianceIf the Agency is satisfied that a person who has entered into a compliance agreement has complied with it, the Agency shall cause a notice of compliance to be provided to the person and, once it is provided,no further proceedings under this Part shall be taken against the person in respect of the contravention; andany security given under the compliance agreement shall be returned to them.Notice of defaultIf the Agency is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Agency shall cause a notice of default to be served on the person informing them of one of the following:that instead of being liable to pay the amount of the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in paragraph 177(1)(b) or subsection 177(3), as the case may be, an amount that is twice the amount of that penalty;that the security, if any, given under the compliance agreement is forfeited to Her Majesty in right of Canada.Effect of notice of defaultOnce a person is served with a notice of default,if the notice provides that the person is liable to pay the amount specified in the notice, the person may not deduct from that amount any amount they spent under the compliance agreement and they are liable to pay the amount specified in the notice within the time and in the manner set out in it; andif the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and no further proceedings under this Part shall be taken against the person in respect of the contravention.Effect of paymentIf the person pays the amount specified in the notice of default within the time and in the manner set out in it, the Agency shall accept the amount in complete satisfaction of the amount owing in respect of the contravention and no further proceedings under this Part shall be taken against the person in respect of the contravention.DelegationThe Agency may delegate its powers under subsection (1) to any person, subject to any restrictions or limitations that it may specify.Certificate of delegationEach person to whom powers are delegated under subsection (7) must be provided with a certificate of delegation in a form established by the Agency.2019, c. 10, s. 1802023, c. 26, s. 468Refusal to enter compliance agreementIf the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c) or (4)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation.Effect of paymentIf the person pays the amount specified in the notice of violation,they are deemed to have committed the contravention in respect of which the amount is paid;the Agency shall accept the amount in complete satisfaction of the amount of the penalty; andno further proceedings under this Part shall be taken against the person in respect of the contravention.DeemingIf the person does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), they are deemed to have committed the contravention alleged in the notice of violation.2019, c. 10, s. 1802023, c. 26, s. 469CertificateIf a person to whom subsection 180.1(1) applies neither pays the amount of the penalty specified in the notice of violation in accordance with the particulars set out in the notice nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice of violation and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.Subsection 170(1) or Accessible Canada ActIf a person to whom subsection 180.1(3) applies does not pay the amount of the penalty — or the lesser amount — specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(3)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.Regulations made under subsection 86.11(1)If a person to whom subsection 180.1(4) applies does not pay the amount of the penalty specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(4)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.Notice of defaultIf a person who has been served with a notice of default under subsection 180.62(4) that specifies an amount does not pay the amount within the time and in the manner set out in the notice, the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount specified in that notice.Refusal to enter into compliance agreementIf the Agency refuses a person’s request under paragraph 180.1(3)(c) or (4)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.2019, c. 10, s. 1802023, c. 26, s. 470Registration of certificateIf the time limit for the payment of the amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.Recovery of costs and chargesAll reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).Amounts received deemed public moneysAn amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.2007, c. 19, s. 522019, c. 10, s. 181References to “Minister”In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.Delegation by MinisterIn the case of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part.2007, c. 19, s. 52; 2013, c. 31, s. 14; 2014, c. 8, s. 12; 2015, c. 31, ss. 13, 38; 2018, c. 10, ss. 58, 962019, c. 10, s. 1822023, c. 26, s. 450Time limit for proceedingsProceedings in respect of a violation may be instituted not later than 36 months after the time when the subject matter of the proceedings arose.1996, c. 10, s. 1812023, c. 26, s. 471PublicationThe Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act.2019, c. 10, s. 183Production OrderPower to order productionThe Agency may, by order, for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose.CopiesThe Agency maymake copies or take extracts from any record, report, electronic data or other document produced under an order made under subsection (1); andreproduce any document from electronic data referred to in paragraph (a), or cause it to be reproduced, in the form of a printout or other output.DelegationThe Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify.Certificate of delegationEach person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency.2019, c. 10, s. 183Repeals, Transitional Provisions, Consequential and Conditional Amendments and Coming into ForceRepeals[Repeals]Repeal of R.S., c. R-3Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway company that has authority to construct and operate a railway under a Special Act and has not been continued under the Canada Business Corporations Act.Repeal of certain provisionsSections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.[Note: Repeal in force July 1, 1996, see SI/96-54.]InterpretationFor the purpose of applying the provisions mentioned in subsection (2) after this section comes into force,a reference in those provisions to the “Agency” shall be interpreted as a reference to the Canadian Transportation Agency;a reference in those provisions to a “railway, telegraph, telephone and express company”, a “railway or express company” or a “carrier by water” shall be interpreted as a reference to a railway company, as defined in section 87 of this Act; andthe reference to section 64 of the National Transportation Act, 1987 in the definition claim period in subsection 270(1) of the Railway Act shall be interpreted as a reference to section 40 of this Act.Transitional ProvisionsDefinition of National Transportation AgencyFor the purposes of sections 187 to 199, National Transportation Agency means the National Transportation Agency established by the National Transportation Act, 1987.Powers, duties and functionsWherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the National Transportation Agency, the power, duty or function is vested in or exercisable by the Canadian Transportation Agency.AppropriationsAny amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the National Transportation Agency and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Canadian Transportation Agency.Employment continuedNothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position under the authority of the National Transportation Agency, except that each of those persons shall, on the coming into force of this section, occupy their position under the authority of the Canadian Transportation Agency.Definition of employeeFor the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.ReferencesEvery reference to the National Transportation Agency in any deed, contract, agreement or other document executed by the National Transportation Agency shall, unless the context otherwise requires, be read as a reference to the Canadian Transportation Agency.Rights and obligationsAll rights and property of the National Transportation Agency and of Her Majesty in right of Canada that are under the administration and control of the National Transportation Agency and all obligations of the National Transportation Agency are transferred to the Canadian Transportation Agency.Commencement of legal proceedingsAny action, suit or other legal proceeding in respect of an obligation or liability incurred by the National Transportation Agency may be brought against the Canadian Transportation Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the National Transportation Agency.Continuation of legal proceedingsAny action, suit or other legal proceeding to which the National Transportation Agency is party pending in any court immediately before the day this section comes into force may be continued by or against the Canadian Transportation Agency in like manner and to the same extent as it could have been continued by or against the National Transportation Agency.Members cease to hold officeExcept as provided for in subsection 195(4), all persons who hold office as a member of the National Transportation Agency immediately before the coming into force of this section cease to hold office on that day.Continuation of proceedingsSubject to this section, proceedings relating to any matter before the National Transportation Agency on the coming into force of this section, including any matter that is in the course of being heard or investigated by the National Transportation Agency, shall be continued by the Canadian Transportation Agency.Application of provisionsUnless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987 as that Act read immediately before the coming into force of section 183.Directions re proceedingsThe Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order had been made on the coming into force of this section shall bediscontinued, orcontinued by the Canadian Transportation Agency,on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties and of the general public.Member continuesWhere in any proceedings continued under this section any evidence was heard by a member of the National Transportation Agency, that person may, on the request of the Chairperson of the Canadian Transportation Agency, continue to hear the matter and that person is deemed to be a member of the Canadian Transportation Agency for the specific purpose of the expeditious completion of the proceedings, after which time that member shall cease to hold office.Deemed memberA person referred to in subsection (4) who is deemed to be a member of the Canadian Transportation Agency under that subsectionshall, unless the Governor in Council provides otherwise, be paid in a manner that is consistent with the remuneration the person was receiving immediately before the coming into force of this section; butthat person’s status as a member does not preclude the appointment of up to three members under paragraph 7(2)(a) or up to three temporary members under subsection 9(1).Continuation of previous orders, etc.Subject to sections 197 to 199, every decision, order, licence, permit, rule, regulation and direction made or issued by the National Transportation Agency that was in force immediately before the coming into force of this section and that is not inconsistent with this Act or any other Act of Parliament continues in force as if it were a decision, order, license, permit, rule, regulation or direction made or issued by the Canadian Transportation Agency.Continuation of railway crossing and junction ordersAn order of the National Transportation Agency made under section 197 of the Railway Act continues to have effect as if it had been made under section 99 of this Act, but only to the extent that it is consistent with that section.Continuation of road and utility crossing ordersAn order of the National Transportation Agency made under subsection 196(6) or section 201, 202, 204, 212, 214 or 326 of the Railway Act continues to have effect as if it had been made under section 101 of this Act, but only to the extent that it is consistent with that section.Continuation of private crossing ordersAn order of the National Transportation Agency made under section 216 of the Railway Act continues to have effect as if it had been made under section 103 of this Act, but, if the Canadian Transportation Agency amends the order to authorize any new construction, payment of the costs of the new construction and maintenance of it are governed by subsection 103(3) of this Act.[Repealed, 1996, c. 10, s. 200]Expropriation under Railway ActWhere proceedings under or governed by sections 160 to 188 of the Railway Act were commenced before the coming into force of section 185 of this Act, those sections continue to apply in respect of those proceedings.Confidentiality of informationWhere information concerning the costs of a railway company or other information that is by its nature confidential was obtained from the company by the Agency in the course of an investigation under the Railway Act or the National Transportation Act, 1987, the information shall not be published or disclosed in such a manner as to be available for the use of any other person, except in accordance with subsection (2) or if, in the opinion of the Agency, the publication is necessary in the public interest.Disclosure to MinisterThe Agency shall disclose to the Minister any information in its possession, other than information contained in a confidential contract entered into under subsection 120(1) of the National Transportation Act, 1987 or subsection 126(1) of this Act.Consequential and Related Amendments[Amendments]Conditional Amendments[Amendments]Coming into ForceComing into forceThis Act or any of its provisions, or any provision enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.[Note: Act, except subsection 142(2), in force July 1, 1996, subsection 142(2) in force July 21, 1996, see SI/96-53.](Sections 116, 141, 142, 146.1) / (articles 116, 141, 142, 146.1)
CP Grain-Dependent Branch Lines / <Language xml:lang="fr">Embranchements du CP tributaires du transport du grain</Language>SUBDIVISIONBETWEEN / ENTREMILEAGE / MILLAGESAltawanShaunavon (M 0.0)Notukeu (M 65.7)65.7ArborgRugby (M 5.4)Arborg (M 74.9)69.5ArcolaSchwitzer (M 0.0)Carlyle (M 86.9)86.9BromheadEstevan (M 0.0) End of Track / Fin de la route Southall Wye (M 1.0)Tribune (M 41.0)42.0BulyeaNeudorf (M 0.0)Bulyea (M 86.4)86.4CardstonStirling (M 0.0)Cardston (M 42.3)42.3ExpanseCurle (M 0.0) incl. Assiniboia East Spur (M 2.5) / y compris l’embranchement Assiniboia EastAssiniboia (M 65.2)67.7Fife LakeAssiniboia (M 0.0)Coronach (M 60.5)60.5Glenboro/CarmanMurray Park (M 5.1)Souris (M 146.0)140.9GravelbourgMossbank Jct. (M 0.0)Hodgeville (M 53.1)53.1Gretna — La RivièreRosenfeld Jct. (M 0.0)Altona (M 6.8)6.8Gretna — La RivièreLa Rivière (M 11.5)Rosenfeld Jct. (M 54.2)42.7HattonHatton (M 0.0)Golden Prairie (M 17.8)17.8IrricanaBassano (M 0.0)Standard (M 36.5)36.5KerrobertConquest (M 8.6) incl. Spur (M 1.4) / y compris l’embranchement (M 1.4)Kerrobert (M 102.5)95.3Lac du BonnetBeauséjour (M 33.8)Molson (M 43.6)9.8La RivièreRosenfeld (M 54.2)La Rivière (M 111.0)56.8LacombeStettler (M 59.5)Nevis (M 70.8)11.3LloydminsterWilkie (M 0.0)Lloydminster (M 104.3)104.3LomondEltham (M 0.0)Vauxhall (M 97.0)97.0MacklinKerrobert (M 0.0)Macklin (M 46.4)46.4MacleodAldersyde (M 31.5)High River (M 39.2)7.7MelfortLanigan (M 0.0)Naicam (M 49.4)49.4NapinkaLa Rivière (M 0.0)Napinka (M 108.5)108.5NotukeuNotukeu (M 0.0)Val Marie (M 96.9)96.9OutlookMoose Jaw (M 2.3)Broderick (M 115.8)113.5RadvilleExon (M 0.0)End of Track / Fin de la route (M 98.0)98.0RefordKerrobert (M 0.0)Wilkie (M 42.8)42.8RocanvilleSylspur (M 50.7)Rocanville (M 53.5)2.8ShaunavonAssiniboia (M 0.0)Shaunavon (M 118.2)118.2StirlingEtzikom (M 20.7)Stirling (M 84.5)63.8Tisdale/KelvingtonGoudie (M 0.0) incl. Kelvington (M 14.2) / y compris l’embranchement KelvingtonNipawin (M 131.7)145.9TyvanStoughton (M 0.0)Crecy (M 89.1)89.1VanguardSwift Current (M 0.3)Meyronne (M 76.3)76.0White FoxNipawin (M 0.0)Choiceland (M 28.4)28.4WillingdonLloydminster (M 0.0)Bruderheim (M 144.1)144.1TOTAL CP2424.8
1996, c. 10, Sch. I; 2000, c. 16, s. 181996, ch. 10, ann. I; 2000, ch. 16, art. 18(Sections 147 and 155)Grain, Crop or ProductAlfalfa meal, pellets or cubes, dehydratedBarleyBarley, crushedBarley, pearlBarley, potBarley sproutsBean (including soybean) derivatives (flour, protein, isolates, fibre)Beans, including soybeans, faba beans, splits and screeningsBranBreakfast foods or cereals (uncooked) in bags, barrels or cases manufactured from commodities only as listed in this scheduleBuckwheatCanary seedCorn, crackedCorn (not popcorn)Feed, animal or poultry (not medicated or condimental), containing not more than thirty-five per cent of ingredients other than commodities as specified in this schedule, in bags or barrels or in bulkFlax fibreFlax seedFlour, other than wheat, semolina or peaFlour, wheat or semolinaGrain, feed, in sacksGroatsHulls, oatLentils, including splits and screeningsMalt (made from grain only)Meal, barleyMeal, cornMeal, linseedMeal, oatMeal, rapeseed or canolaMeal, ryeMeal, soybeanMeal, wheatMeal, oil cake, linseedMeal, oil cake, rapeseed or canolaMeal, oil cake, soybeanMeal, oil cake, sunflower seedMiddlingsMillfeedMustard seedOatsOats, crushedOats, rolledOil, linseedOil, rapeseed or canolaOil, soybeanOil, sunflower seedOil cake, linseedOil cake, rapeseed or canolaOil cake, soybeanOil cake, sunflower seedPea derivatives (flour, protein, isolates, fibre)Peas, including splits and screeningsRapeseed or canolaRyeScreenings or screenings pellets (applicable only to screenings from grains specified in this schedule)Seed grain in sacksShortsSunflower seedTriticaleWheatWheat, rolledWheat germ1996, c. 10, Sch. II; 2018, c. 10, s. 59.1(Definition of “TIH (Toxic Inhalation Hazard) material” / définition de « matière toxique par inhalation »)UN Numbers for Dangerous Goods / Numéros ONU de marchandises dangereuses1005, 1008, 1016, 1017, 1023, 1026, 1040, 1045, 1048, 1050, 1051, 1052, 1053, 1062, 1064, 1067, 1069, 1071, 1076, 1079, 1082, 1092, 1098, 1135, 1143, 1163, 1182, 1185, 1238, 1239, 1244, 1251, 1259, 1380, 1510, 1541, 1560, 1569, 1580, 1581, 1582, 1583, 1589, 1595, 1605, 1612, 1613, 1614, 1647, 1660, 1670, 1672, 1695, 1722, 1741, 1744, 1745, 1746, 1749, 1752, 1754, 1809, 1810, 1828, 1829, 1831, 1834, 1838, 1859, 1892, 1911, 1953, 1955, 1967, 1975, 1994, 2032, 2186, 2188, 2189, 2190, 2191, 2192, 2194, 2195, 2196, 2197, 2198, 2199, 2202, 2204, 2232, 2285, 2334, 2337, 2382, 2407, 2417, 2418, 2420, 2421, 2438, 2442, 2474, 2477, 2478, 2480, 2481, 2482, 2483, 2484, 2485, 2486, 2487, 2488, 2521, 2534, 2548, 2605, 2606, 2644, 2646, 2668, 2676, 2692, 2740, 2742, 2743, 2826, 2901, 2983, 3023, 3057, 3079, 3083, 3160, 3162, 3168, 3169, 3246, 3275, 3276, 3278, 3279, 3280, 3281, 3294, 3300, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3318, 3355, 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3488, 3489, 3490, 3491, 3512, 3514, 3515, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 35261996, c. 10, Sch. III; 2000, c. 16, s. 19; 2015, c. 31, s. 14(Paragraphs 92(1)(b) and (3)(b), subsection 92(4) and paragraph 93.1(1)(b))
Minimum Liability Insurance CoverageColumn IColumn IIItemClass of Railway OperationsMinimum Liability Insurance Coverage1Operation of a railway other than one described in any of items 2 to 4$25 million per occurrence2Operation of a railway that includes the carriage, per calendar year, of less than 4 000 tonnes of TIH (Toxic Inhalation Hazard) materials, of less than 100 000 tonnes of crude oil or of at least 40 000 tonnes of other dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992$100 million per occurrence3Operation of a railway that includes the carriage, per calendar year, of at least 4 000 tonnes but less than 50 000 tonnes of TIH (Toxic Inhalation Hazard) materials or of at least 100 000 tonnes but less than 1.5 million tonnes of crude oil$250 million per occurrence4Operation of a railway that includes the carriage, per calendar year, of at least 50 000 tonnes of TIH (Toxic Inhalation Hazard) materials or of at least 1.5 million tonnes of crude oil$1 billion per occurrence
1996, c. 10, Sch. IV; 2000, c. 16, s. 19; 2015, c. 31, ss. 14 to 16RELATED PROVISIONS
— 2007, c. 19, s. 55Agreements entered into prior to the coming into force of section 44Section 152.1 of the Canada Transportation Act, as enacted by section 44 of this Act, does not apply in respect of agreements entered into before the day on which section 44 of this Act comes into force.ExceptionDespite subsection (1), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which section 44 of this Act comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Canada Transportation Act, as enacted by section 44 of this Act, applies, with any modifications that are necessary, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the Agency’s decision and the provisions of the agreement, the Agency’s decision prevails to the extent of the inconsistency.
— 2007, c. 19, s. 56Members continuedDespite sections 3 to 5 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms.Temporary limitation on appointment of new membersDespite section 3 of this Act, the Governor in Council may not appoint or reappoint members of the Canadian Transportation Agency under subsection 7(2) or subsection 8(2), respectively, of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three.Exception for appointment of Chairperson and Vice-ChairpersonDespite subsection (2) and section 3 of this Act, the Governor in Council may appoint or reappoint members of the Canadian Transportation Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act.
— 2007, c. 19, s. 57Adjustment to the volume-related composite price indexDespite subsection 151(5) of the Canada Transportation Act, the Canadian Transportation Agency shall, once only, on request of the Minister of Transport and on the date set by the Agency, adjust the volume-related composite price index to reflect costs incurred by the prescribed railway companies, as defined in section 147 of that Act, for the maintenance of hopper cars used for the movement of grain, as defined in section 147 of that Act.
— 2007, c. 19, s. 58Police constables appointed under section 158 of the Canada Transportation ActEvery police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by section 54 of this Act.
— 2012, c. 7, s. 41Agreements continuedAn agreement entered into or a designation made under section 157.1 of the Canada Transportation Act in respect of any matter referred to in section 6.1 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.1.
— 2012, c. 7, s. 42Agreements continuedAn agreement entered into under section 158 of the Canada Transportation Act in respect of any matter referred to in section 6.2 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.2.
— 2015, c. 31, s. 36Certificates of fitnessA certificate of fitness that was issued under subsection 92(1) of the Canada Transportation Act, as that subsection read immediately before the day on which section 6 comes into force, and that is valid on that day is deemed, as of that day but only until the day on which it is cancelled, to have been issuedunder paragraph 92(1)(a) of that Act, as enacted by that section, in respect of the operation of a railway that relates to a passenger rail service or a construction of a railway, and for which the certificate was issued; orunder paragraph 92(1)(b) of that Act, as enacted by that section, in respect of the operation of a railway that does not relate to a passenger rail service and for which the certificate was issued.
— 2015, c. 31, s. 37RegulationsOn the day on which section 6 comes into force, paragraphs 3(b) and (c) and 4(b) of the Railway Third Party Liability Insurance Coverage Regulations continue to apply — until regulations are made under paragraph 92(3)(b) of the Canada Transportation Act — in respect of the proposed operation of a railway referred to in that paragraph 92(3)(b) to allow the Canadian Transportation Agency to determine, for the purposes of paragraph 92(1)(b) of that Act, whether there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV to that Act.
— 2018, c. 10, s. 75Definition of ActIn this section and in sections 76 to 81, Act means the Canada Transportation Act.Words and expressionsUnless the context otherwise requires, words and expressions used in sections 76 to 81 have the same meaning as in the Act.
— 2018, c. 10, s. 76Information — long-haul interswitching rateThis section applies until the first regulation made under paragraph 50(1.01)(a) of the Act comes into force.Provision of informationA class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report indicating the following information with respect to any traffic that is moved by a railway car:the name of the shipper;the name of the owner of the railway car;the letters and number that identify the railway car;an indication as to whether the railway car moves in a block that receives an incentive and if it is, the number of railway cars moved together as the block for which the incentive is received;an indication as to whether the railway car transports traffic that is, based on the rail origin, transferred from a truck or vessel, as defined in section 2 of the Canada Shipping Act, 2001, or, based on the rail destination, transferred to a truck or vessel;the date and time at which the movement of the railway car begins and ends;the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province or state in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;the standard transportation commodity code, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the Association of American Railroads, Bureau of Explosives;an indication as to whether the rate that applies in respect of the movement of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;an indication as to whether a long‑haul interswitching rate applies in respect of the movement of the traffic;an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the movement of the traffic, and if so, the volume in respect of which the undertaking was made;the gross waybill revenue earned for the railway car and the number of miles in respect of which the revenue is derived;the portion of the gross waybill revenue earned by the class 1 rail carrier for the railway car and the number of miles in respect of which the portion is derived; the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the railway car for the portion of the movement in Canada and the number of miles in respect of which the portion is derived;the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;each type of train that the railway car is part of;the alphanumeric identification code of each train that the railway car is part of; andin respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement of the railway car begins and ends and the distance travelled by the railway car.Time limitThe class 1 rail carrier shall provide the information described in subsection (2) on a monthly basis, no later than the last day of the month following the month to which the information relates.First reportNo later than the last day of the month following the month in which this section comes into force, the class 1 rail carrier shall provide to the Minister a report described in subsection (2) for each month in the period that begins August 1, 2016 and that ends on the last day of the month in which this section comes into force.DeemingInformation provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(a) of the Act.
— 2018, c. 10, s. 77Information — service and performance indicatorsThis section applies until the first regulation made under paragraph 50(1.01)(b) of the Act comes into force.Information to be providedA class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report containing the information specified in paragraphs 1250.2(a)(1) to (8) of Title 49 of the United States Code of Federal Regulations as amended from time to time.AdaptationsFor the purpose of subsection (2), the provisions of the United States Code of Federal Regulations are adapted as follows:a reference to “should” is to be read as “must”;unless the context requires otherwise, a reference to “railroad” is to be read as “class 1 rail carrier”;a reference to “state” is to be read as “province”;a reference to “dedicated train service” is to be read as “dedicated train program and fleet integration program”; andparagraph 1250.2(a)(7) is to be read without reference to “aggregated for the following STCCs: 01131 (barley), 01132 (corn), 01133 (oats), 01135 (rye), 01136 (sorghum grains), 01137 (wheat), 01139 (grain, not elsewhere classified), 01144 (soybeans), 01341 (beans, dry), 01342 (peas, dry) and 01343 (cowpeas, lentils, or lupines)”.ExplanationA class 1 rail carrier shall, in its first report, provide an explanation of the methodology it used to derive the data, including the definition of unit train used by the class 1 rail carrier. The definition of unit train shall be based on the class 1 rail carrier’s normal business practices. If the methodology changes, the class 1 rail carrier shall provide an updated explanation of its methodology in any subsequent report in which that methodology is used for the first time, including any updated definition of unit train.Time limitThe class 1 rail carrier shall provide the report for each period of seven days commencing on Saturday and ending on Friday, no later than five days after the last day of the period of seven days to which the information relates.First reportThe first report that is to be provided by a class 1 rail carrier is to contain information related to the seven day period that commences on the first Saturday that follows the day on which this section comes into force.DeemingInformation provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(b) of the Act.
— 2018, c. 10, s. 78Arrangements concluded before coming into force of section 14Persons that have entered into an arrangement, as defined in section 53.7 of the Act, before the day on which section 14 comes into force, may still provide a notice of the arrangement under subsection 53.71(1) of that Act as though the arrangement had not been entered into, in which case section 53.72 of that Act does not apply to that arrangement.
— 2018, c. 10, s. 79Interswitching rateUntil December 31 of the first year in which the Agency makes a determination of the interswitching rate under subsection 127.1(1) of the Act, the interswitching rate determined under paragraph 128(1)(b) of the Act as it read immediately before the day on which subsection 28(1) comes into force continues to apply and is deemed to be a rate determined by the Agency in accordance with section 127.1 of the Act.First determinationIf section 127.1 of the Act comes into force after August 1 of any calendar year, the Agency is not required to determine the interswitching rate in accordance with subsection 127.1(1) until December 1 of the following calendar year.
— 2018, c. 10, s. 80Volume-related composite price indexFor the crop year in which this Act receives royal assent, the value of F in subsection 151(1) of the Act that applies to each prescribed railway company is to be the volume-related composite price index for that crop year that was determined by the Agency in accordance with section 151 of the Act as it read immediately before the day on which this Act receives royal assent.Volume-related composite price indexFor the purpose of determining the value of F in subsection 151(1) of the Act for the crop year that follows the crop year in which this Act receives royal assent,immediately before making the determination, the Agency shall adjust the volume-related composite price index described in subsection (1) to reflect costs incurred by the prescribed railway companies to earn the revenue described in paragraphs 150(3)(d) and (e) of the Act; andthe volume-related composite price index that applies to each prescribed railway company shall be determined by the Agency in accordance with section 151 of the Act as amended by this Act, based on the volume-related composite price index adjusted in accordance with paragraph (a).RedeterminationIf, before the day on which this Act receives royal assent, the Agency has already determined the volume-related composite price index for the crop year that follows the crop year in which this Act receives royal assent, the Agency shall redetermine the volume-related composite price index for that crop year in accordance with subsection (2).
— 2018, c. 10, s. 81First adjustment to maximum amount of freight chargesNo later than March 31, 2021, the Agency shall, in accordance with section 164.2 of the Act, make the first adjustment to the maximum amount referred to in section 164.1 of the Act. The adjusted amount applies for the three-year period starting April 1, 2021.
— 2018, c. 10, s. 81.1 and par. 95(6)(c)Revival of regulations — operational termsThe Regulations on Operational Terms for Rail Level of Services Arbitration, except sections 6 and 7 of those regulations, as they read immediately before the day on which subsection 8(2) of the Fair Rail for Grain Farmers Act comes into force, are revived and are deemed to be regulations made under subsection 169.31(1.1) of the Canada Transportation Act as amended by this Act.
— 2023, c. 26, s. 472Complaints remaining with AgencyA complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with that Act, and any regulations made under it, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.Complaints to be dealt with by complaint resolution officersA complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is not in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance withsections 85.04 to 85.12 of that Act; andany regulations made under subsection 86.11(1) of that Act as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.
— 2023, c. 26, s. 473Complaints relative to coming into force of subsection 465(1)A complaint filed under subsection 85.04(1) of the Canada Transportation Act before the day on which subsection 465(1) comes into force that was not disposed of before that day, and a complaint filed under that subsection 85.04(1) on or after that day in respect of a flight for which the date of departure that is indicated on the complainant’s ticket is before that day, is to be dealt with and disposed of in accordance with sections 85.04 to 85.12 of that Act, and any regulations made under subsection 86.11(1) of that Act, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.AMENDMENTS NOT IN FORCE
— 2019, c. 29, s. 2772007, c. 19, s. 8(4)Subparagraph 50(1.1)(c)(i) of the Canada Transportation Act is replaced by the following:the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act,
— 2023, c. 26, s. 443Section 127 of the Act is amended by adding the following after subsection (2):Order — PrairiesIf the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, the Agency may orderone of the companies to interswitch the traffic; andthe railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.Section 127 of the Act is amended by adding the following after subsection (4):Interswitching limits — PrairiesIf the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, a railway company must not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate.Information — trafficWhen providing the Minister with information under regulations made under paragraph 50(1.01)(a), the Canadian National Railway Company and the Canadian Pacific Railway Company are also required to provide the Minister, in the same form and manner, with the following information with respect to any traffic that is moved by a railway car in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5):an indication as to whether the point of origin or destination of the movement of the railway car was located within a radius of 30 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta;an indication as to whether the point of origin or destination of the movement of the railway car was within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange;an indication as to whether the railway car was moved by the railway company at the interswitching rate; andif possible, an indication as to whether the railway car was moved by another railway company at the interswitching rate.Additional informationOn request, a railway company must provide to the Minister, in the form and manner specified by the Minister, any of the information or documents that have been provided to the Agency under section 128.1 in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5).
— 2023, c. 26, s. 445The Act is amended by adding the following after section 127.1:RepealThis section and subsections 127(2.1) and (5) to (7) and 127.1(1.1), (4.1) and (6) are repealed on the day that, in the 18th month after the month in which subsection 127(2.1) comes into force, has the same calendar number as the day on which that subsection 127(2.1) comes into force or, if that 18th month has no day with that number, the last day of that 18th month.
— 2023, c. 26, s. 454Section 67.1 of the Act is repealed.
— 2023, c. 26, s. 455Subsection 67.2(1) of the Act is replaced by the following:Unreasonable or unduly discriminatory terms or conditionsIf the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place.
— 2023, c. 26, s. 456Section 67.3 of the Act is repealed.
— 2023, c. 26, s. 457Section 67.4 of the Act is repealed.
— 2023, c. 26, s. 458Subsections 68(1) and (1.1) of the Act are replaced by the following:Non-application of fares, etc.Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.Non-application of terms and conditionsSections 66 to 67.2, 85.04 and 85.07 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.
— 2023, c. 26, s. 459Section 85.1 of the Act and the heading before it are replaced by the following:Carrier’s ObligationProcess for claimsA carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.Period to communicate decisionThe process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.Air Travel ComplaintsComplaint resolution officersThe Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.Limits on powers and dutiesA member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.Clarification — proceedingsProceedings before a complaint resolution officer are not proceedings before the Agency.Non-application of certain provisionsSections 17, 25 and 36.1 do not apply in respect of any matter that may be dealt with under sections 85.04 to 85.12.Complaints related to tariffsA person may file a complaint in writing with the Agency ifthe person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; andthe person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.Refusal to deal with complaintA complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion thatthe criteria set out in subsection (1) have not been met;it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; orthe complaint is vexatious or made in bad faith.MediationIf the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.Filing of mediation agreementAn agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.Decision on complaintIf no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,make an order under subsection 85.07(1); ormake an order dismissing the complaint.Status of orderAn order referred to in subsection (1) is not an order or decision of the Agency.Order related to tariffsIf the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier toapply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; andcompensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.OnusIf a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.Filing of order and enforcementAn order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.Prior decisions to be taken into accountIn regards to the issue of whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight.Confidentiality of informationAll matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.Communication of informationSubsection (1) does not apply so as to prohibitthe communication of information to the Agency;the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; orthe making public by the Agency of information under sections 85.14 and 85.15.ProcedureSubject to the procedure set out in the guidelines referred to in section 85.12, a complaint resolution officer shall deal with complaints in the manner that they consider appropriate in the circumstances.Assistance by AgencyThe Agency may, at a complaint resolution officer’s request, provide administrative, technical and legal assistance to the complaint resolution officer.GuidelinesThe Agency may issue guidelinesrespecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); andsetting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.Guidelines bindingA guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).PublicationEach guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.Statutory Instruments ActThe Statutory Instruments Act does not apply to the guideline.Referral to panelIf no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.Clarification – panelsA reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.Publication — order or summary of orderThe Agency shall make publicin the case of an order made by a single complaint resolution officerthe number of the flight to which the order relates,the date of departure of the flight that is indicated on the complainant’s ticket,any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, anda statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; andsubject to subsection (2), in the case of an order made by a panel, the entire order.ExceptionThe Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).Part of annual reportThe Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under subsection 85.04(1), the names of the carriers against whom the complaints were made, the number of complaints for which an order was made under subsection 85.07(1) and the systemic trends observed.Fees and chargesThe Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.Carrier’s liabilityThe carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.ConsultationBefore establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.PublicationThe Agency shall publish the fees and charges on its Internet site.Debt due to His MajestyFees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.Spending authorityThe Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.Service Fees ActThe Service Fees Act does not apply to the fees and charges referred to in subsection (1).
— 2023, c. 26, s. 460Subsection 85.07(2) of the Act is replaced by the following:OnusIf a complaint raises an issue as to whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, the exception is presumed not to apply unless the carrier proves the contrary.
— 2023, c. 26, s. 461Section 85.08 of the Act is replaced by the following:Prior decisions to be taken into accountIn regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight.
— 2023, c. 26, s. 462Subparagraph 85.14(1)(a)(iii) of the Act is replaced by the following:any decision contained in the order in regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, and
— 2023, c. 26, s. 463Section 85.16 of the Act is repealed.
— 2023, c. 26, s. 464Paragraph 86(1)(h) of the Act is amended by adding “and” at the end of subparagraph (ii) and by repealing subparagraphs (iii) and (iii.1).Subsection 86(1) of the Act is amended by adding the following after paragraph (h):respecting the process for dealing with claims referred to in section 85.01;
— 2023, c. 26, s. 465Subparagraphs 86.11(1)(b)(i) to (iii) of the Act are replaced by the following:the minimum standards of treatment of passengers that the carrier is required to meet, including those that the carrier is required to meet when an exception specified by regulations made under paragraph (b.1) applies,the minimum compensation the carrier is required to pay for inconvenience,the carrier’s obligation to ensure that passengers complete their itinerary or, if they are not able to complete it within a reasonable time, receive a refund, andSubsection 86.11(1) of the Act is amended by adding the following after paragraph (b):specifying exceptions to the obligation set out in subparagraph (b)(ii);[In force]Subsection 86.11(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:respecting the carrier’s obligations with respect to refunds in the event that a person who has reserved space on a flight with the carrier cancels the reservation due to the issuance of a Government of Canada travel advisory; and2023, c. 262023-06-222019, c. 292020-06-102019, c. 102019-07-112019, c. 292019-06-21