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

Act current to 2017-12-11 and last amended on 2017-08-01. Previous Versions

Road and Utility Crossings

Marginal note:Definitions

 In this section and section 101,

road crossing

franchissement routier

road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; (franchissement routier)

utility crossing

franchissement par desserte

utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; (franchissement par desserte)

utility line

desserte

utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)

Marginal note:Filing agreements
  •  (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.

  • Marginal note:Effect of filing

    (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.

  • Marginal note:No agreement on construction or maintenance

    (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.

  • Marginal note:No agreement on apportionment of costs

    (4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.

  • Marginal note:Non-application of section

    (5) This section does not apply in any circumstances where section 102 or 103 applies.

Private Crossings

Marginal note:Divided land

 If an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.

Marginal note:Other crossings may be ordered
  •  (1) If a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land.

  • Marginal note:Terms and conditions

    (2) The Agency may include in its order terms and conditions governing the construction and maintenance of the crossing.

  • Marginal note:Costs of construction and maintenance

    (3) The owner of the land shall pay the costs of constructing and maintaining the crossing.

DIVISION IIIFinancial Transactions of Railway Companies

Security

Marginal note:Deposit of mortgage, hypothec or security agreement
  •  (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:

    • (a) a mortgage or hypothec issued by a railway company;

    • (b) a security agreement entered into by a railway company;

    • (c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or

    • (d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.

  • Marginal note:Effect of deposit

    (2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.

  • 1996, c. 10, s. 104;
  • 1999, c. 31, s. 38(E);
  • 2007, c. 19, s. 30.

Documents Dealing with Rolling Stock

Marginal note:Deposit of documents
  •  (1) A document, or a copy or summary of a document, evidencing any of the following transactions may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:

    • (a) a lease, sale, conditional sale, instalment sale, mortgage, hypothec, bailment, leasing, deposit or security agreement relating to rolling stock or any accessories or appurtenances relating to rolling stock; and

    • (b) an amendment, assignment or discharge of a document mentioned in paragraph (a).

  • (2) [Repealed, 2007, c. 19, s. 31]

  • Marginal note:Effect of deposit

    (3) Once the deposit is made, the document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the document is valid against all persons.

  • (4) [Repealed, 2007, c. 19, s. 31]

  • 1996, c. 10, s. 105;
  • 2007, c. 19, s. 31.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations respecting

  • (a) the depositing of copies of documents under sections 104 and 105;

  • (b) the form and content of summaries to be deposited under those sections; and

  • (c) the effects, in Canada, of the deposit, registration or filing in other countries of documents evidencing any transaction referred to in paragraph 105(1)(a) or of documents evidencing amendments, assignments or discharges of those documents.

  • 2007, c. 19, s. 32.

Insolvent Railway Companies

Marginal note:Scheme may be filed in Federal Court
  •  (1) If a railway company is insolvent, the directors may prepare a scheme of arrangement between the company and its creditors and may file it in the Federal Court.

  • Marginal note:May affect shareholders and capital

    (2) The scheme may include provisions for settling and defining any rights of shareholders of the railway company as among themselves and for raising additional share and loan capital, if necessary.

  • Marginal note:Documents to be filed

    (3) There must be filed with the scheme

    • (a) a declaration in writing to the effect that the railway company is unable to meet its engagements with its creditors; and

    • (b) an affidavit made by the president and directors of the company, or by a majority of them, that the declaration is true to the best of their knowledge.

  • Marginal note:Federal Court may restrain action

    (4) After the scheme is filed, the Federal Court may, on the application of the railway company, restrain any action against the company on any terms that the Federal Court considers appropriate.

  • Marginal note:Limitation

    (5) No order of the Federal Court or any other court restraining action against the railway company affects any right or remedy of a person in respect of, including the right to take possession of, the rolling stock, or any accessories or appurtenances relating to the rolling stock, of the company as a creditor under a security agreement, mortgage or hypothec or as a bailor, depositary, lessor or vendor under a conditional sale or an instalment sale, whether as trustee or otherwise, unless

    • (a) within 60 days after filing the scheme of arrangement, or any extended period to which the person may agree, the railway company agrees to perform all its obligations under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be;

    • (b) any event that occurred before or after the scheme was filed and that constitutes a default under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be, is cured before the later of

      • (i) 30 days after the event, and

      • (ii) the end of the period referred to in paragraph (a); and

    • (c) any event that occurred on or after the expiry of the period referred to in paragraph (a) and that constitutes a default under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be, is cured in accordance with that instrument or act.

  • Marginal note:Extension of 60-day period

    (6) An extension of the 60-day period under paragraph (5)(a) does not prejudice the right to take possession of, or any other right or remedy in respect of, the rolling stock or the accessories or appurtenances relating to the rolling stock.

  • 1996, c. 10, s. 106;
  • 2007, c. 19, s. 33.
 
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