Marginal note:Determination of net salvage value before expiry of time to accept offer
146.3 (1) A person to whom a railway line is offered under section 145, or to whom a siding or spur is offered under section 146.2, may apply to the Agency for a determination of the net salvage value of the railway line, siding or spur, as the case may be, at any time before the expiry of the period available to the person to accept the offer.
Marginal note:Notification of application
(2) The applicant shall without delay provide a copy of the application to the railway company, and the railway company shall without delay notify every other person to whom the offer was made and whose time to accept the offer has not expired that an application for a determination of the net salvage value was made.
Marginal note:Effect of application
(3) If an application is made under subsection (1), the time available to the applicant to accept the offer expires on the day that is 30 days after the day the Agency notifies the applicant of its determination of the net salvage value and the 30-day period for each other person to accept the offer is calculated on the expiry of the period available to the applicant to accept the offer.
(4) The applicant shall reimburse the Agency’s costs associated with the application.
- 2007, c. 19, s. 42.
Marginal note:Railway rights of way
146.4 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to railway rights-of-way, that are located in metropolitan areas or within the territory served by any urban transit authority and in respect of which the sidings and spurs have been dismantled, that a railway company plans to sell, lease or otherwise transfer.
- 2007, c. 19, s. 42.
Marginal note:Passenger railway stations
146.5 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to passenger railway stations in Canada that a railway company plans to sell, lease or otherwise transfer or dismantle.
- 2007, c. 19, s. 42.
Division VITransportation of Western Grain
147. In this Division,
« campagne agricole »
“crop year” means the period beginning on August 1 in any year and ending on July 31 in the next year;
« exportation »
“export”, in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001 , to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country;
“government hopper car”
« wagon-trémie du gouvernement »
“government hopper car” means a hopper car provided to a prescribed railway company by the government of Canada or a province;
« grain »
(a) any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, or
(b) any grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada;
- “joint line movement”
“joint line movement”[Repealed, 2000, c. 16, s. 9]
- “maximum rate scale”
“maximum rate scale”[Repealed, 2000, c. 16, s. 9]
« mouvement du grain »
“movement”, in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, to
(a) Thunder Bay or Armstrong, Ontario, or
(b) Churchill, Manitoba, or a port in British Columbia for export,
but does not include the carriage of grain to a port in British Columbia for export to the United States for consumption in that country;
“port in British Columbia”
« port de la Colombie-Britannique »
“port in British Columbia” means Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing;
“prescribed railway company”
« compagnie de chemin de fer régie »
“prescribed railway company” means the Canadian National Railway Company, the Canadian Pacific Railway Company and any railway company that may be specified in the regulations;
« région de l’Ouest »
“Western Division” means the part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba.
- 1996, c. 10, s. 147;
- 2000, c. 16, s. 9;
- 2001, c. 26, s. 282;
- 2005, c. 24, s. 3;
- 2011, c. 25, s. 60.
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