Means to Deal with Carriers’ Liability
137 (1) The railway company’s liability, including to a third party, in respect of the movement of a shipper’s traffic shall be dealt with between the company and the shipper only by means of a written agreement that is signed by the shipper or by an association or other body representing shippers.
Marginal note:No agreement
(2) If there is no agreement, the railway company’s liability to the shipper in respect of a loss of or damage to a shipper’s traffic in the company’s possession or for any delay in its movement shall be dealt with between the company and the shipper,
(3) For the purposes of paragraph (2)(b), the Agency may make regulations respecting the manner in which a railway company’s liability under subsection (2) is to be dealt with between a company and a shipper.
- 1996, c. 10, s. 137;
- 2015, c. 31, s. 9.
Running Rights and Joint Track Usage
Marginal note:Application by railway company
(a) take possession of, use or occupy any land belonging to any other railway company;
(b) use the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company; and
(c) run and operate its trains over and on any portion of the railway of any other railway company.
Marginal note:Application may be granted
(2) The Agency may grant the right and may make any order and impose any conditions on either railway company respecting the exercise or restriction of the rights as appear just or desirable to the Agency, having regard to the public interest.
(3) The railway company shall pay compensation to the other railway company for the right granted and, if they do not agree on the compensation, the Agency may, by order, fix the amount to be paid.
Marginal note:Request for joint or common use of right-of-way
(a) on the application of a railway company, a municipal government or any other interested person, or on the Governor in Council’s own initiative, and
(b) after any investigation that the Governor in Council considers necessary,
request two or more railway companies to consider the joint or common use of a right-of-way if the Governor in Council is of the opinion that its joint or common use may improve the efficiency and effectiveness of rail transport and would not unduly impair the commercial interests of the companies.
Marginal note:Order in Council for joint or common use of right-of-way
(2) If the Governor in Council is satisfied that significant efficiencies and cost savings would result from joint or common use of the right-of-way by two or more railway companies and would not unduly impair the commercial interests of the companies, the Governor in Council may make any order for the joint or common use of the right-of-way that the Governor in Council considers necessary.
(3) The Governor in Council may also, by order, fix the amount of compensation to be paid in respect of the joint or common use of the right-of-way and any related work if the companies do not agree on the amount of that compensation.
DIVISION VTransferring and Discontinuing the Operation of Railway Lines
Definition of railway line
(2) The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.
Marginal note:Three-year plan
141 (1) A railway company shall prepare and keep up to date a plan indicating for each of its railway lines whether it intends to continue to operate the line or whether, within the next three years, it intends to take steps to discontinue operating the line.
Marginal note:Public availability of plan
(2) The railway company shall make the plan available for public inspection in offices of the company that it designates for that purpose.
Marginal note:Notification of changes
(2.1) Whenever the railway company makes a change to the plan, it shall notify the following of the change within 10 days after the change:
(a) the Minister;
(b) the Agency;
(c) the minister responsible for transportation matters in the government of each province through which the railway line passes;
(d) the chairperson of every urban transit authority through whose territory the railway line passes; and
(e) the clerk or other senior administrative officer of every municipal or district government through which the railway line passes.
Marginal note:When sale, etc., permitted
(3) Subject to section 144.1, a railway company may sell, lease or otherwise transfer its railway lines, or its operating interest in its lines, for continued operation.
Marginal note:Continued operation of a portion of a line
(4) A railway company that sells, leases or otherwise transfers a portion of a grain-dependent branch line listed in Schedule I, or its operating interest in such a portion, to a person who intends to operate the portion shall continue to operate the remaining portion for three years, unless the Minister determines that it is not in the public interest for the company to do so.
- 1996, c. 10, s. 141;
- 2000, c. 16, s. 5;
- 2007, c. 19, s. 35.
Marginal note:Compliance with steps for discontinuance
(2) A railway company shall not take steps to discontinue operating a railway line before the company’s intention to discontinue operating the line has been indicated in its plan for at least 12 months.
Marginal note:Community-based groups
(3) Subsection (2) does not apply and a railway company shall without delay take the steps described in section 143 if
(a) the federal government, a provincial, municipal or district government or a community-based group endorsed in writing by such a government has written to the company to express an interest in acquiring all or a portion of a grain-dependent branch line that is listed in Schedule I for the purpose of continuing to operate that line or portion of a line; and
(b) that line or portion of a line is indicated on the company’s plan as being a line or a portion of a line that the company intends to take steps to discontinue operating.
- 1996, c. 10, s. 142;
- 2000, c. 16, s. 6.
Marginal note:Advertisement of availability of railway line for continued rail operations
143 (1) The railway company shall advertise the availability of the railway line, or any operating interest that the company has in it, for sale, lease or other transfer for continued operation and its intention to discontinue operating the line if it is not transferred.
Marginal note:Content of advertisement
(2) The advertisement must include a description of the railway line and how it or the operating interest is to be transferred, whether by sale, lease or otherwise, and an outline of the steps that must be taken before the operation of the line may be discontinued, including
(a) a statement that the advertisement is directed to persons interested in buying, leasing or otherwise acquiring the railway line, or the railway company’s operating interest in it, for the purpose of continuing railway operations; and
(b) the date by which interested persons must make their interest known in writing to the company, but that date must be at least sixty days after the first publication of the advertisement.
Marginal note:Disclosure of agreement with public passenger service provider
(3) The advertisement must also disclose the existence of any agreement between the railway company and a public passenger service provider in respect of the operation of a passenger rail service on the railway line.
(4) [Repealed, 2007, c. 19, s. 36]
- 1996, c. 10, s. 143;
- 2007, c. 19, s. 36.
- Date modified: