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

Act current to 2016-06-06 and last amended on 2015-07-30. Previous Versions

Marginal note:Application
  •  (1) This Part applies to all persons, railway companies and railways within the legislative authority of Parliament.

  • Marginal note:Special cases

    (2) Without limiting the effect of subsection (1), this Part applies to

    • (a) a company operating a railway from the United States into Canada; and

    • (b) a railway, or a portion of a railway, whether or not constructed under the authority of an Act of Parliament, that is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament.

  • Marginal note:Works for the general advantage of Canada

    (3) A railway or a portion of a railway mentioned in paragraph (2)(b) is declared to be a work for the general advantage of Canada.

  • Marginal note:Cessation of declaration

    (4) A declaration by subsection (3) or by any other Act of Parliament that a railway is a work for the general advantage of Canada, or for the advantage of two or more provinces, ceases to have effect with respect to a line of the railway, or a portion of it, whose operation is discontinued under Division V or is the subject of a transfer under that Division to a person other than a company mentioned in paragraph (2)(b).

Marginal note:Special Act railways declared to be works for general advantage of Canada

 If the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.

DIVISION IIConstruction and Operation of Railways

Certificate of Fitness

Marginal note:Certificate required
  •  (1) No person shall construct or operate a railway without a certificate of fitness.

  • Marginal note:Exception — purchaser of railway

    (2) Subsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchased

    • (a) under a trust deed or mortgage;

    • (b) at the instance of the holders of a mortgage, bond or debenture for the payment of which a charge has been created on the railway or portion; or

    • (c) under any other lawful proceeding.

Marginal note:Application for certificate of fitness
  •  (1) Any person may apply for a certificate of fitness for a railway, including a person who owns or leases the railway or controls, either directly or indirectly, a person who owns or leases the railway.

  • Marginal note:Application for certain types of operations

    (2) If a person proposes to operate in Canada primarily on the railway of another railway company, the application must indicate the termini and route of every line of railway proposed to be operated.

Marginal note:Issuance of certificate of fitness
  •  (1) The Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.

  • Marginal note:Termini and route

    (2) A certificate of fitness issued pursuant to an application mentioned in subsection 91(2) must specify the termini and route of every railway line to be operated.

  • Marginal note:Regulations

    (3) The Agency may make regulations for determining the adequacy of liability insurance coverage, including self-insurance.

Marginal note:Variation of certificate
  •  (1) The Agency may, on application, vary a certificate of fitness

    • (a) to change the termini or route of a line specified in the certificate;

    • (b) to add a line to the certificate; or

    • (c) to reflect a change in railway operations or circumstances relating to those operations.

  • Marginal note:Variation when running rights granted

    (2) The Agency may vary a certificate of fitness when it

    • (a) makes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate; or

    • (b) grants a right under section 138 to the holder of the certificate.

  • 1996, c. 10, s. 93;
  • 2000, c. 16, s. 3.
Marginal note:Notice of insurance changes
  •  (1) The holder of a certificate of fitness shall notify the Agency in writing without delay if

    • (a) the liability insurance coverage is cancelled or altered so that it may no longer be adequate; or

    • (b) the construction or operation has changed so that the liability insurance coverage may no longer be adequate.

  • Marginal note:Suspension or cancellation

    (2) The Agency may suspend or cancel the certificate if it determines that the liability insurance coverage is no longer adequate.

General Powers of Railway Companies

Marginal note:Powers
  •  (1) Subject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway:

    • (a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;

    • (b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;

    • (c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;

    • (d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and

    • (e) do anything else necessary for the construction or operation of the railway.

  • Marginal note:Minimal damage

    (2) The railway company shall do as little damage as possible in the exercise of the powers.

  • Marginal note:Restoration

    (3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.

  • Marginal note:Compensation

    (4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.

Noise and Vibration

Marginal note:Obligation

 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account

  • (a) its obligations under sections 113 and 114, if applicable;

  • (b) its operational requirements; and

  • (c) the area where the construction or operation takes place.

  • 2007, c. 19, s. 29.
Marginal note:Guidelines
  •  (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to

    • (a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and

    • (b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.

  • Marginal note:Consultations

    (2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.

  • Marginal note:Not statutory instruments

    (3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.

  • 2007, c. 19, s. 29.
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