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

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

Marginal note:Defences

 A railway company is not liable under subsection 152.7(1) if it establishes that

  • (a) the railway accident resulted from an act of war, hostilities, civil war or insurrection; or

  • (b) any other defence set out in the regulations applies.

  • 2015, c. 31, s. 10.
Marginal note:Claims
  •  (1) All claims for the losses, damages, costs and expenses described in subsection 153(1) may be sued for and recovered in any court of competent jurisdiction in Canada.

  • Marginal note:Rank of claims

    (2) Claims to recover the losses, damages, costs and expenses described in paragraphs 153(1)(a) and (b) shall rank, without preference, before those to recover a loss of non-use value described in paragraph 153(1)(c).

  • Marginal note:Limitation or prescription period

    (3) Proceedings in respect of the claims referred to in subsection (1) may be instituted within a period of three years beginning on the day on which the losses, damages, costs and expenses were incurred but not after a period of six years beginning on the day on which the railway accident occurred.

  • Marginal note:Proceedings — loss of non-use value

    (4) Only Her Majesty in right of Canada or a province may institute proceedings to recover a loss of non-use value described in paragraph 153(1)(c).

  • 2015, c. 31, s. 10.
Marginal note:Railway company’s rights against third parties

 Nothing in this Division shall be construed as limiting or restricting any right of recourse that a railway company may have against another person.

  • 2015, c. 31, s. 10.

Fund for Railway Accidents Involving Designated Goods

Establishment of Fund

Marginal note:Fund established
  •  (1) There is established in the accounts of Canada an account to be known as the Fund for Railway Accidents Involving Designated Goods.

  • Marginal note:Credits

    (2) The following are to be credited to the Fund:

    • (a) every amount credited to the Fund under section 153.5;

    • (b) the amount of every sum credited to the Fund under section 153.6;

    • (c) every amount recovered by the Administrator under paragraph 155(2)(c); and

    • (d) every amount paid under sections 155.7 and 155.8.

  • Marginal note:Charges

    (3) The following are to be charged to the Fund:

    • (a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 153.6;

    • (b) every amount paid out of the Consolidated Revenue Fund under subsection 154.2(3);

    • (c) every amount paid as a result of subsection 155(1); and

    • (d) the amount of any judgment and any costs awarded as the result of an appeal made under subsection 154.9(2) or section 155.1.

  • 2015, c. 31, s. 10.
Marginal note:Interest to be credited to Fund

 The Minister of Finance shall cause to be credited to the Fund interest, calculated in the manner and at the rate determined by the Governor in Council, on the balance of that Fund.

  • 2015, c. 31, s. 10.
Marginal note:Consolidated Revenue Fund

 If the amount to the credit of the Fund is insufficient to pay any amount that is charged to the Fund under any of paragraphs 153.4(3)(b) to (d), the Minister of Finance may, subject to any terms and conditions that he or she considers appropriate, direct that a sum equal to the amount required to be paid be charged to the Consolidated Revenue Fund and credited to the Fund.

  • 2015, c. 31, s. 10.

Administrator and Deputy Administrator

Marginal note:Appointment of Administrator
  •  (1) The Governor in Council shall appoint an Administrator of the Fund.

  • Marginal note:Tenure

    (2) The Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council.

  • Marginal note:Reappointment

    (3) The Administrator is eligible for reappointment on the expiry of his or her term of office.

  • Marginal note:Continuation in office

    (4) If an Administrator is not appointed to take office on the expiry of the incumbent Administrator’s term, the incumbent continues to hold office until the earlier of the day fixed by the Governor in Council and the day on which a successor is appointed.

  • 2015, c. 31, s. 10.
Marginal note:Appointment of Deputy Administrator
  •  (1) The Governor in Council may appoint a Deputy Administrator of the Fund.

  • Marginal note:Tenure

    (2) The Deputy Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council.

  • Marginal note:Reappointment

    (3) The Deputy Administrator is eligible for reappointment on the expiry of his or her term of office.

  • 2015, c. 31, s. 10.
Marginal note:Deputy Administrator’s powers, duties and functions
  •  (1) The Deputy Administrator is to exercise the powers and perform the duties and functions consistent with this Division that are assigned to him or her by the Administrator.

  • Marginal note:Administrator’s absence or incapacity

    (2) If the Administrator is absent or incapacitated or the office of Administrator is vacant, the Deputy Administrator has all the powers, duties and functions of the Administrator.

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

 The resignation of an Administrator or Deputy Administrator becomes effective at the time that the Minister receives a written resignation from him or her or at the time specified in the resignation, whichever is later.

  • 1996, c. 10, s. 154;
  • 2000, c. 16, s. 10;
  • 2015, c. 31, s. 10.
Marginal note:Conflict of interest
  •  (1) The Administrator or Deputy Administrator shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with his or her powers, duties and functions under this Division.

  • Marginal note:Effect of contravention

    (2) If the Administrator or Deputy Administrator contravenes subsection (1), his or her appointment is terminated on a day fixed by the Governor in Council that is not later than 30 days after the day on which the notice of the contravention is received by the Minister, but the contravention does not affect the validity of any act performed by the Administrator or Deputy Administrator, as the case may be, under this Division between the day on which the contravention occurred and the day on which the appointment is terminated.

  • 2015, c. 31, s. 10.
Marginal note:Remuneration
  •  (1) The Administrator and the Deputy Administrator are to be paid, for the exercise of their powers and the performance of their duties and functions, the remuneration fixed by the Governor in Council.

  • Marginal note:Travelling, living and other expenses

    (2) The Administrator and the Deputy Administrator are to be paid, in accordance with Treasury Board directives, reasonable travel, living and other expenses incurred in exercising their powers or performing their duties and functions under this Division while absent from their ordinary place of work.

  • Marginal note:Payment out of Consolidated Revenue Fund

    (3) On the direction of the Minister of Finance, the remuneration and expenses referred to in subsections (1) and (2) and all other costs and expenses incurred by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division are to be paid out of the Consolidated Revenue Fund and charged to the Fund as provided for by paragraph 153.4(3)(b).

  • Marginal note:Taxation

    (4) The Federal Court’s assessment officers may, at the Minister of Justice’s request, tax any account for costs and expenses, other than expenses referred to in subsection (2), incurred by the Administrator and the Deputy Administrator in exercising their powers or performing their duties and functions under this Division as if they were acting for Her Majesty in proceedings in that Court.

  • 2015, c. 31, s. 10.
 
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