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

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

DIVISION VI.1Public Passenger Service Providers

Dispute Resolution

Marginal note:Application
  •  (1) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the negotiation of any agreement concerning the use of the railway company’s railway, land, equipment, facilities or services by the public passenger service provider or concerning the conditions, or the amount to be paid, for that use, the public passenger service provider may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.

  • Marginal note:Application

    (2) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the implementation of any matter previously decided by the Agency, either the public passenger service provider or the railway company may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.

  • 2007, c. 19, s. 44.
Marginal note:Amount to be fixed
  •  (1) If, pursuant to an application made under subsection 152.1(1), the Agency fixes the amount to be paid by the public passenger service provider for the use of any of the railway company’s railway, land, equipment, facilities or services, that amount must reflect the cost associated with the public passenger service provider’s use of that railway, land or equipment or those facilities or services.

  • Marginal note:Factors

    (2) In determining that amount, the Agency must take into consideration, among other things,

    • (a) the variable costs incurred by the railway company as a result of the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services, including, but not limited to, its variable costs incurred to maintain safe operations and to avoid congestion and undue delay;

    • (b) the railway company’s cost of capital, based on a rate set by the Agency, applied to the net book value of the assets to be used by the public passenger service provider, less any amount to be paid by the public passenger service provider in respect of those assets;

    • (c) the cost of any improvements made by the railway company in relation to the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services;

    • (d) a reasonable contribution towards the railway company’s constant costs; and

    • (e) the value of any benefits that would accrue to the railway company from any investment made by the public passenger service provider.

  • 2007, c. 19, s. 44.
Marginal note:Duration of decision

 Any decision of the Agency in respect of an application made under subsection 152.1(1) is binding on the parties for a period of five years after the day on which the decision is made, or for any other period agreed to by the parties that is specified in the decision.

  • 2007, c. 19, s. 44.

Agreements

Marginal note:Providing copies
  •  (1) A railway company or a public passenger service provider must provide to any person who requests it

    • (a) a copy of any agreement entered into on or after the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services; and

    • (b) subject to subsection (2), a copy of any agreement entered into before the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services.

  • Marginal note:Exclusion

    (2) The Agency may, on application by a railway company or a public passenger service provider, exclude an agreement, or any specified portion of an agreement, from the application of paragraph (1)(b) on the grounds that harm would likely result to the applicant if the agreement, or the specified portion, were to be disclosed.

  • 2007, c. 19, s. 44.

DIVISION VI.2Liability and Compensation in Case of Railway Accidents Involving Designated Goods

Interpretation and Application

Marginal note:Definitions

 The following definitions apply in this Division.

designated good

designated good means

  • (a) crude oil; or

  • (b) any other good that is designated by the regulations. (marchandise désignée)

Fund

Fund means the Fund for Railway Accidents Involving Designated Goods established by subsection 153.4(1). (Caisse)

railway accident

railway accident means any accident or incident that is associated with the operation,

  • (a) on a railway, whether or not that railway is within the legislative authority of Parliament, by a railway company, of rolling stock that contains a designated good that the company carries on a shipper’s behalf; or

  • (b) on a railway, by a person other than a railway company, of rolling stock that contains a designated good that the person carries on behalf of a person who sends or receives goods. (accident ferroviaire)

  • 2015, c. 31, s. 10.
Marginal note:Application

 This Division applies only to a railway company that holds a certificate of fitness that was issued under paragraph 92(1)(b) in respect of the operation of a railway for which that certificate was issued.

  • 2015, c. 31, s. 10.

Liability

Marginal note:Limit of liability of railway company
  •  (1) A railway company that operates a railway that is involved in a railway accident is liable for the losses, damages, costs and expenses described in subsection 153(1) up to the amount of the minimum liability insurance coverage that the company is required to maintain for the operation of the railway under paragraph 93.1(1)(b).

  • Marginal note:Liability — jointly and severally, or solidarily

    (2) If more than one railway company is liable under subsection (1), the companies are jointly and severally, or solidarily, liable, each up to the amount of the minimum liability insurance coverage that applies to it.

  • Marginal note:Non-application

    (3) The limit of liability referred to in subsection (1) does not apply to the railway company if it is proved that the railway accident resulted from any act or omission of that company that was committed either with intent to cause the accident or recklessly and with the knowledge that the accident would probably result.

  • 2015, c. 31, s. 10.
Marginal note:No proof of fault or negligence

 A railway company’s liability under subsection 152.7(1) does not depend on proof of fault or negligence.

  • 2015, c. 31, s. 10.
Marginal note:Liability under another Act

 If a railway company is liable, without proof of fault or negligence, under subsection 152.7(1) and under any other Act with respect to the same railway accident, the company is liable under that subsection up to the greater of the limit of liability for an amount that is referred to in that subsection and the limit up to which the company is liable under the other Act. If the other Act does not set out a limit of liability, the limit set out in that subsection does not apply.

  • 2015, c. 31, s. 10.
Marginal note:Losses, damages, costs and expenses
  •  (1) The losses, damages, costs and expenses referred to in subsection 152.7(1) are the following:

    • (a) all actual loss or damage incurred by any person, other than by a railway company that is liable under subsection 152.7(1), as a result of the railway accident or as a result of any action or measures taken in relation to the accident;

    • (b) the costs and expenses reasonably incurred by Her Majesty in right of Canada or a province or any other person in taking any action or measures in relation to the railway accident; and

    • (c) all loss of non-use value relating to a public resource that is affected by the railway accident or as a result of any action or measures taken in relation to the accident.

  • Definition of actual loss or damage

    (2) For the purposes of paragraph (1)(a), actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include

    • (a) any loss or damage incurred by a person who operates a railway that is not within the legislative authority of Parliament and that is involved in the railway accident, in respect of the portion of the operation that does not relate to a passenger rail service;

    • (b) any loss of or damage to goods being carried by the railway company or by the person referred to in paragraph (a); or

    • (c) any loss of income that is recoverable under subsection 42(3) of the Fisheries Act.

  • Marginal note:Environmental damage

    (3) For the purposes of subsection (1), the measures include remedial measures that are taken to repair, reduce or mitigate environmental damage.

  • Marginal note:Costs and expenses not recoverable under Fisheries Act

    (4) The costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this Division are not recoverable under subsection 42(1) of the Fisheries Act.

  • 1996, c. 10, s. 153;
  • 2000, c. 16, s. 10;
  • 2015, c. 31, s. 10.
 
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