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

Marginal note:References

190 Every 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.

Marginal note:Rights and obligations

191 All 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.

Marginal note:Commencement of legal proceedings

192 Any 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.

Marginal note:Continuation of legal proceedings

193 Any 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.

Marginal note:Members cease to hold office

194 Except 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.

Marginal note:Continuation of proceedings

• 195 (1) Subject 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.

• Marginal note:Application of provisions

  (2) Unless 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.

• Marginal note:Directions re proceedings

  (3) The 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 be

  • (a) discontinued, or

  • (b) continued 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.

• Marginal note:Member continues

  (4) Where 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.

• Marginal note:Deemed member

  (5) A person referred to in subsection (4) who is deemed to be a member of the Canadian Transportation Agency under that subsection

  • (a) shall, 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; but

  • (b) that 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).

Marginal note:Continuation of previous orders, etc.

196 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.

Marginal note:Continuation of railway crossing and junction orders

197 An 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.

Marginal note:Continuation of road and utility crossing orders

198 An 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.

Marginal note:Continuation of private crossing orders

199 An 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.

200 [Repealed, 1996, c. 10, s. 200]

Marginal note:Expropriation under Railway Act

201 Where 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.

Marginal note:Confidentiality of information

• 201.1 (1) Where 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.

• Marginal note:Disclosure to Minister

  (2) The 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

202 to 274 [Amendments]

Conditional Amendments

275 to 277 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*278 This 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.

• Return to footnote ^*[Note: Act, except subsection 142(2), in force July 1, 1996, subsection 142(2) in force July 21, 1996, see SI/96-53.]