Marginal note:Assent to scheme
107 (1) The scheme is assented to when it is both assented to by the ordinary shareholders of the railway company at a special meeting called for that purpose and assented to in writing by three quarters in value of the holders of
Marginal note:Assent of lessor
(2) If the railway company leases a railway from another company, the scheme is assented to by the other company when it is assented to
Marginal note:No assent required from class not interested
(3) Assent to the scheme is not required by a class of holders mentioned in subsection (1) or another company mentioned in subsection (2) if the scheme does not prejudicially affect any right or interest of that class or company.
Marginal note:Application for confirmation of scheme
108 (1) The directors of the railway company may apply to the Federal Court for confirmation of the scheme if, at any time within three months after the scheme is filed, or within any extended time that the Federal Court may allow, the directors consider the scheme to be assented to in accordance with section 107.
(2) [Repealed, 2007, c. 19, s. 34]
Marginal note:Confirmation of Federal Court
(3) The Federal Court, after hearing the directors and any other persons whom it considers entitled to be heard on the application, may confirm the scheme, if it is satisfied that
Marginal note:Registration in Federal Court
(4) When the scheme is confirmed, it shall be registered in the Federal Court, and from then on it is binding on the company and all persons.
(5) [Repealed, 2007, c. 19, s. 34]
- 1996, c. 10, s. 108;
- 2007, c. 19, s. 34.
Marginal note:Rules of practice
109 The judges of the Federal Court may, with the approval of the Governor in Council, make general rules governing the practice and procedure of the Court under sections 106 to 108.
Marginal note:Copies of the scheme to be kept for sale
110 The railway company shall keep at its principal or head office printed copies of the scheme when confirmed and registered, and shall provide a copy to any person who requests one and pays a fee not exceeding the cost of making the copy.
DIVISION IVRates, Tariffs and Services
111 In this Division,
competitive line rate
prix de ligne concurrentiel
competitive line rate means a rate determined with respect to a shipper in accordance with section 133; (prix de ligne concurrentiel)
confidential contract means a contract entered into under subsection 126(1); (contrat confidentiel)
transporteur de liaison
connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route in respect of which the railway company and the shipper agree on the movement of the traffic, including the applicable rate; (transporteur de liaison)
lieu de correspondance
interchange means a place where the line of one railway company connects with the line of another railway company and where loaded or empty cars may be stored until delivered or received by the other railway company; (lieu de correspondance)
interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company in accordance with regulations made under section 128; (interconnexion)
interswitching rateVersion anglaise seulement
interswitching rate means a rate established by, or determined in accordance with, regulations made under paragraph 128(1)(b); (Version anglaise seulement)
local carrier means a railway company that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the railway company; (transporteur local)
service obligationsVersion anglaise seulement
service obligations means obligations under section 113 or 114. (Version anglaise seulement)
Rates and Conditions of Service
Marginal note:Commercially fair and reasonable
112 A rate or condition of service established by the Agency under this Division must be commercially fair and reasonable to all parties.
Level of Services
Marginal note:Accommodation for traffic
(a) furnish, at the point of origin, at the point of junction of the railway with another railway, and at all points of stopping established for that purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;
(b) furnish adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;
(c) without delay, and with due care and diligence, receive, carry and deliver the traffic;
(d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic; and
(e) furnish any other service incidental to transportation that is customary or usual in connection with the business of a railway company.
Marginal note:Carriage on payment of rates
(2) Traffic must be taken, carried to and from, and delivered at the points referred to in paragraph (1)(a) on the payment of the lawfully payable rate.
Marginal note:Carriage on payment of levy
(2.1) If a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading.
Marginal note:Compensation for provision of rolling stock
(3) Where a shipper provides rolling stock for the carriage by the railway company of the shipper’s traffic, the company shall, at the request of the shipper, establish specific reasonable compensation to the shipper in a tariff for the provision of the rolling stock.
Marginal note:Confidential contract between company and shipper
(4) A shipper and a railway company may, by means of a confidential contract or other written agreement, agree on the manner in which the obligations under this section are to be fulfilled by the company.
- 1996, c. 10, s. 113;
- 2015, c. 31, s. 8.
Marginal note:Facilities for traffic
114 (1) A railway company shall, according to its powers, afford to all persons and other companies all adequate and suitable accommodation for receiving, carrying and delivering traffic on and from its railway, for the transfer of traffic between its railway and other railways and for the return of rolling stock.
Marginal note:Through traffic
(2) For the purposes of subsection (1), adequate and suitable accommodation includes reasonable facilities for the receiving, carriage and delivery by the company
(a) at the request of any other company, of through traffic and, in the case of goods shipped by carload, of the car with the goods shipped in it, to and from the railway of the other company, at a through rate; and
(b) at the request of any person interested in through traffic, of such traffic at through rates.
Marginal note:Connecting railway to reasonable facilities
(3) Every railway company that has or operates a railway forming part of a continuous line of railway with or that intersects any other railway, or that has any terminus, station or wharf near to any terminus, station or wharf of another railway, shall afford all reasonable facilities for delivering to that other railway, or for receiving from or carrying by its railway, all the traffic arriving by that other railway without any unreasonable delay, so that
Marginal note:Similar facilities for truckers
(4) If a railway company provides facilities for the transportation by rail of motor vehicles or trailers operated by any company under its control for the conveyance of goods for hire or reward,
(a) the railway company shall offer to all companies operating motor vehicles or trailers for the conveyance of goods for hire or reward similar facilities at the same rates and on the same terms and conditions as those applicable to the motor vehicles or trailers operated by the company under its control; and
(b) the Agency may disallow any rate or tariff that is not in compliance with this subsection and direct the company to substitute a rate or tariff that complies with this subsection.
- Date modified: