Canada Transportation Act (S.C. 1996, c. 10)

Marginal note:Conflict of interest

• 154.1 (1) The 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.

• Marginal note:Effect of contravention

  (2) If 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.

Marginal note:Remuneration

• 154.2 (1) The 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.

• Marginal note:Travelling, living and other expenses

  (2) The 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.

• Marginal note:Payment out of Consolidated Revenue Fund

  (3) On 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).

• Marginal note:Taxation

  (4) The 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.

Marginal note:Assistance

154.3 The 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.

Claims

Marginal note:Right to file claim

• 154.4 (1) A 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.

• Marginal note:Burden of proof

  (2) The 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.

Marginal note:Interest

• 154.5 (1) For 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.

• Marginal note:Rate

  (2) The 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.

Marginal note:Investigation and assessment

• 154.6 (1) On receipt of a claim made under section 154.4, the Administrator shall investigate and assess it.

• Marginal note:Factors to be considered

  (2) In investigating and assessing a claim, the Administrator shall consider whether the claim resulted wholly or partially from

  • (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or

  • (b) the claimant’s negligence.

• Marginal note:When claimant at fault

  (3) The 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 from

  • (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or

  • (b) the claimant’s negligence.

Marginal note:Offer of compensation — one railway company

• 154.7 (1) If 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.

• Marginal note:Offer of compensation — more than one railway company

  (2) If 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.

Marginal note:Administrator’s powers

154.8 For 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.

Marginal note:Deemed refusal

• 154.9 (1) If 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.

• Marginal note:Appeal to Federal Court — adequacy

  (2) The claimant may, before the expiry of the applicable period under subsection (1), appeal the adequacy of the offer to the Federal Court.

Marginal note:Acceptance of offer

• 155 (1) If 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.

• Marginal note:Effect of acceptance

  (2) If a claimant accepts an offer of compensation,

  • (a) 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;

  • (b) 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; and

  • (c) the Administrator shall take reasonable measures to recover the amount of the payment from

    • (i) the 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, or

    • (ii) any other person who is liable for those losses, damages, costs or expenses.

• Marginal note:Commencement of action

  (3) The Administrator may, for the purpose of paragraph (2)(c), commence an action in the Administrator’s or the claimant’s name.

• Marginal note:Clarification

  (4) If 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.

Marginal note:Appeal to Federal Court — notice of dismissal

155.1 A 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.

Proceedings Against Railway Company

Marginal note:Proceedings against railway company

• 155.2 (1) If 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.

• Marginal note:Administrator is party

  (2) The 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.

Levies

Marginal note:Levy — crude oil

155.3 The 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.

Marginal note:Annual adjustment of levy

• 155.4 (1) The 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 of

  • (a) the 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, and

  • (b) the 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.

• Marginal note:Consumer Price Index

  (2) For the purposes of this section,

  • (a) 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;

  • (b) 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; and

  • (c) 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 content basis, that adjustment does not affect the operation of this section.

• Marginal note:Regulations

  (3) The 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.

• Marginal note:Adjusted levy to be published

  (4) The 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.

Marginal note:Levy — other traffic

155.5 The 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.

Marginal note:Additional levy

• 155.6 (1) If 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.

• Marginal note:Revocation

  (2) If 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.

Marginal note:Obligation to pay

• 155.7 (1) Every 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,

  • (a) within 30 days after the expiry of the calendar quarter in which the levy became due; or

  • (b) if a regulation made under paragraph 155.97(d) is in force, before the expiry of the period specified in or determined under that regulation.

• Marginal note:When levy is due — sections 155.3 and 155.5

  (2) A 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.

• Marginal note:When levy is due — section 155.6

  (3) A levy imposed by an order made under section 155.6 becomes due on the day provided for in the order.

• Marginal note:Meaning of calendar quarter

  (4) In this section, calendar quarter means a three-month period that begins on the first day of January, April, July or October.