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

Act current to 2021-09-11 and last amended on 2020-06-10. Previous Versions

PART IIIRailway Transportation (continued)

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

Fund for Railway Accidents Involving Designated Goods (continued)

Marginal note:Appointment of Deputy Administrator

  •  (1) The Governor in Council may appoint a Deputy Administrator of the Fund.

  • Marginal note:Tenure

    (2) The 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.

  • Marginal note:Reappointment

    (3) The Deputy Administrator is eligible for reappointment on the expiry of his or her term of office.

  • 2015, c. 31, s. 10

Marginal note:Deputy Administrator’s powers, duties and functions

  •  (1) The 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.

  • Marginal note:Administrator’s absence or incapacity

    (2) If 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. 10

Marginal note:Resignation

 The 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. 10

Marginal note:Conflict of interest

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Remuneration

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Assistance

 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.

  • 2015, c. 31, s. 10
Claims

Marginal note:Right to file claim

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Interest

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Investigation and assessment

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Offer of compensation — one railway company

  •  (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.

  • 2015, c. 31, s. 10

Marginal note:Administrator’s powers

 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.

  • 2015, c. 31, s. 10
 
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