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

Act current to 2021-06-28 and last amended on 2020-06-10. Previous Versions

PART IIIRailway Transportation (continued)

DIVISION VITransportation of Western Grain (continued)

Maximum Grain Revenue Entitlement (continued)

Marginal note:Report to Minister

  •  (1) Before 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, that

    • (a) assesses 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; and

    • (b) identifies 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.

  • Marginal note:Report — winter contingency plans

    (2) Before 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.

  • Marginal note:Publication

    (3) The 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. 42

List of Available Sidings

Marginal note:List of available sidings

  •  (1) A 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.

  • Marginal note:Publication of list

    (2) The railway company shall publish the list on its Internet site.

  • Marginal note:Removal from list

    (3) The 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. 6

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) specifying railway companies for the purposes of the definition prescribed railway company in section 147;

  • (b) specifying, in respect of a prescribed railway company other than the Canadian National Railway Company or the Canadian Pacific Railway Company,

    • (i) revenues for the movement of grain in the base year,

    • (ii) the number of tonnes for the movement of grain in the base year, and

    • (iii) the average length of haul for the movement of grain in the base year;

  • (c) specifying a penalty for the purposes of subsection 150(2) and respecting the paying out of the penalty and the excess amount; and

  • (d) for carrying out the purposes and provisions of this Division.

  • 1996, c. 10, s. 152
  • 2000, c. 16, s. 10

DIVISION VI.1Public Passenger Service Providers

Dispute Resolution

Marginal note:Application

  •  (1) Whenever 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.

  • Marginal note:Application

    (2) Whenever 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. 44

Marginal note:Amount to be fixed

  •  (1) If, 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.

  • Marginal note:Factors

    (2) In determining that amount, the Agency must take into consideration, among other things,

    • (a) 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;

    • (b) 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;

    • (c) 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;

    • (d) a reasonable contribution towards the railway company’s constant costs; and

    • (e) the 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. 44

Marginal note:Duration of decision

 Any 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. 44

Agreements

Marginal note:Providing copies

  •  (1) A railway company or a public passenger service provider must provide to any person who requests it

    • (a) a 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; and

    • (b) subject 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.

  • Marginal note:Exclusion

    (2) The 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. 44

DIVISION VI.2Liability and Compensation in Case of Railway Accidents Involving Designated Goods

Interpretation and Application

Marginal note:Definitions

 The following definitions apply in this Division.

designated good

designated good means

  • (a) crude oil; or

  • (b) any other good that is designated by the regulations. (marchandise désignée)

Fund

Fund means the Fund for Railway Accidents Involving Designated Goods established by subsection 153.4(1). (Caisse)

railway accident

railway accident means any accident or incident that is associated with the operation,

  • (a) 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; or

  • (b) on 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. 10

Marginal note:Application

 This 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. 10
 
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