Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)

1 For the purposes of this schedule,

costs of new railway facilities

costs of new railway facilities means the costs, as determined by the Agency, of any new railway facilities required to be built or provided as a result of any orders made by the Agency under section 7 or 8 of this Act to carry into effect a transportation plan accepted by the Agency, excluding the costs of any land that has been or may be acquired as a site for the new facilities and excluding the costs of any grade separations required to be built or provided as a result of any such orders; (frais afférents aux nouvelles installations ferroviaires)

current value of existing maintenance and operating costs of facilities

current value of existing maintenance and operating costs of facilities means the current capitalized value of any railway maintenance or operating costs, as determined by the Agency, over a fifteen year period at an interest rate established pursuant to subsection 13(3) of this Act, of any railway company or companies that would follow from the use of the existing railway facilities, within the transportation study area to which a transportation plan accepted by the Agency relates, over that period if no orders had been made by the Agency under section 7 or 8 of this Act to carry that transportation plan into effect; (valeur courante des frais d’entretien et d’exploitation des installations existantes)

current value of new maintenance and operating costs of facilities

current value of new maintenance and operating costs of facilities means the current capitalized value of any railway maintenance or operating costs, as determined by the Agency, over a fifteen year period at an interest rate established pursuant to subsection 13(3) of this Act, of any railway company or companies that would follow from

• (a) the use of existing railway facilities that would continue to be used, within the transportation study area to which a transportation plan accepted by the Agency relates, during any part of the fifteen year period, and

• (b) the use of new or improved railway facilities during that fifteen year period that would be required within that transportation study area as a result of any orders made by the Agency under section 7 or 8 of this Act to carry the transportation plan into effect; (valeur courante des nouveaux frais d’entretien et d’exploitation des installations)

decrease in the value of relevant land

decrease in the value of relevant land means a decrease in the value of land owned by a railway company or companies that will result from the carrying out of any orders made by the Agency under section 7 or 8 of this Act to carry into effect a transportation plan accepted by the Agency, regardless of whether, as a consequence of any such orders, the land will pass out of railway ownership by virtue of any sale, donation or expropriation or will be acquired by a railway company or companies by virtue of any purchase, donation or expropriation; (baisse de la valeur des terrains en cause)

increase in the value of relevant land

increase in the value of relevant land means an increase in the value of land owned by a railway company or companies that will result from the carrying out of any orders made by the Agency under section 7 or 8 of this Act to carry into effect a transportation plan accepted by the Agency, regardless of whether, as a consequence of any of those orders, the land will pass out of railway ownership by virtue of any sale, donation or expropriation or will be acquired by a railway company or companies by virtue of any purchase, donation or expropriation. (hausse de la valeur des terrains en cause)

2 The net costs of railway relocation shall be determined in accordance with the following rules:

• (a) when there is a decrease in the value of the relevant land, the net costs of railway relocation shall be the amount that is equal to the aggregate of

  • (i) the amount of the decrease in the value of the relevant land, as determined to the satisfaction of the Agency, and

  • (ii) the adjusted costs of new railway facilities as determined under section 3 of this schedule;

• (b) when there is an increase in the value of the relevant land, the net costs of railway relocation shall be the amount, if any, remaining after deducting the amount of the increase in the value of the relevant land, as determined to the satisfaction of the Agency, from the adjusted costs of new railway facilities as determined under section 3 of this schedule; or

• (c) when there is neither an increase in the value of the relevant land nor a decrease in the value of the relevant land, the net costs of railway relocation shall be the adjusted costs of new railway facilities as determined under section 3 of this schedule.

3 The adjusted costs of new railway facilities shall be determined in the following manner:

• (a) when the current value of new maintenance and operating costs of facilities is greater than the current value of existing maintenance and operating costs of facilities, the adjusted costs of new railway facilities is the amount of the costs of new railway facilities plus the difference between the current value of new maintenance and operating costs of facilities and the current value of existing maintenance and operating costs of facilities;

• (b) when the current value of new maintenance and operating costs of facilities is less than the current value of existing maintenance and operating costs of facilities, the adjusted costs of new railway facilities is the amount, if any, remaining after the difference between the current value of new maintenance and operating costs of facilities and the current value of existing maintenance and operating costs of facilities is deducted from the costs of new railway facilities; and

• (c) when the current value of new maintenance and operating costs of facilities equals the current value of existing maintenance and operating costs of facilities, the adjusted costs of new railway facilities shall be the amount of the costs of new railway facilities.