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

Act current to 2024-10-14 and last amended on 2023-09-30. Previous Versions

RELATED PROVISIONS

  • — 2007, c. 19, s. 55

    • Agreements entered into prior to the coming into force of section 44

      • 55 (1) Section 152.1 of the Canada Transportation Act, as enacted by section 44 of this Act, does not apply in respect of agreements entered into before the day on which section 44 of this Act comes into force.

      • Exception

        (2) Despite subsection (1), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which section 44 of this Act comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Canada Transportation Act, as enacted by section 44 of this Act, applies, with any modifications that are necessary, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the Agency’s decision and the provisions of the agreement, the Agency’s decision prevails to the extent of the inconsistency.

  • — 2007, c. 19, s. 56

    • Members continued

      • 56 (1) Despite sections 3 to 5 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms.

      • Temporary limitation on appointment of new members

        (2) Despite section 3 of this Act, the Governor in Council may not appoint or reappoint members of the Canadian Transportation Agency under subsection 7(2) or subsection 8(2), respectively, of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three.

      • Exception for appointment of Chairperson and Vice-Chairperson

        (3) Despite subsection (2) and section 3 of this Act, the Governor in Council may appoint or reappoint members of the Canadian Transportation Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act.

  • — 2007, c. 19, s. 57

    • Adjustment to the volume-related composite price index

      57 Despite subsection 151(5) of the Canada Transportation Act, the Canadian Transportation Agency shall, once only, on request of the Minister of Transport and on the date set by the Agency, adjust the volume-related composite price index to reflect costs incurred by the prescribed railway companies, as defined in section 147 of that Act, for the maintenance of hopper cars used for the movement of grain, as defined in section 147 of that Act.

  • — 2007, c. 19, s. 58

    • Police constables appointed under section 158 of the Canada Transportation Act

      58 Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by section 54 of this Act.

  • — 2012, c. 7, s. 41

    • Agreements continued

      41 An agreement entered into or a designation made under section 157.1 of the Canada Transportation Act in respect of any matter referred to in section 6.1 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.1.

  • — 2012, c. 7, s. 42

    • Agreements continued

      42 An agreement entered into under section 158 of the Canada Transportation Act in respect of any matter referred to in section 6.2 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.2.

  • — 2015, c. 31, s. 36

    • Certificates of fitness

      36 A certificate of fitness that was issued under subsection 92(1) of the Canada Transportation Act, as that subsection read immediately before the day on which section 6 comes into force, and that is valid on that day is deemed, as of that day but only until the day on which it is cancelled, to have been issued

      • (a) under paragraph 92(1)(a) of that Act, as enacted by that section, in respect of the operation of a railway that relates to a passenger rail service or a construction of a railway, and for which the certificate was issued; or

      • (b) under paragraph 92(1)(b) of that Act, as enacted by that section, in respect of the operation of a railway that does not relate to a passenger rail service and for which the certificate was issued.

  • — 2015, c. 31, s. 37

    • Regulations

      37 On the day on which section 6 comes into force, paragraphs 3(b) and (c) and 4(b) of the Railway Third Party Liability Insurance Coverage Regulations continue to apply — until regulations are made under paragraph 92(3)(b) of the Canada Transportation Act — in respect of the proposed operation of a railway referred to in that paragraph 92(3)(b) to allow the Canadian Transportation Agency to determine, for the purposes of paragraph 92(1)(b) of that Act, whether there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV to that Act.

  • — 2018, c. 10, s. 75

    • Definition of Act

      • 75 (1) In this section and in sections 76 to 81, Act means the Canada Transportation Act.

      • Words and expressions

        (2) Unless the context otherwise requires, words and expressions used in sections 76 to 81 have the same meaning as in the Act.

  • — 2018, c. 10, s. 76

    • Information — long-haul interswitching rate

      • 76 (1) This section applies until the first regulation made under paragraph 50(1.01)(a) of the Act comes into force.

      • Provision of information

        (2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report indicating the following information with respect to any traffic that is moved by a railway car:

        • (a) the name of the shipper;

        • (b) the name of the owner of the railway car;

        • (c) the letters and number that identify the railway car;

        • (d) an indication as to whether the railway car moves in a block that receives an incentive and if it is, the number of railway cars moved together as the block for which the incentive is received;

        • (e) an indication as to whether the railway car transports traffic that is, based on the rail origin, transferred from a truck or vessel, as defined in section 2 of the Canada Shipping Act, 2001, or, based on the rail destination, transferred to a truck or vessel;

        • (f) the date and time at which the movement of the railway car begins and ends;

        • (g) the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province or state in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;

        • (h) the standard transportation commodity code, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;

        • (i) if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the Association of American Railroads, Bureau of Explosives;

        • (j) an indication as to whether the rate that applies in respect of the movement of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;

        • (k) an indication as to whether a long‑haul interswitching rate applies in respect of the movement of the traffic;

        • (l) an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the movement of the traffic, and if so, the volume in respect of which the undertaking was made;

        • (m) the gross waybill revenue earned for the railway car and the number of miles in respect of which the revenue is derived;

        • (n) the portion of the gross waybill revenue earned by the class 1 rail carrier for the railway car and the number of miles in respect of which the portion is derived;

        • (o)  the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the railway car for the portion of the movement in Canada and the number of miles in respect of which the portion is derived;

        • (p) the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);

        • (q) an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;

        • (r) each type of train that the railway car is part of;

        • (s) the alphanumeric identification code of each train that the railway car is part of; and

        • (t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement of the railway car begins and ends and the distance travelled by the railway car.

      • Time limit

        (3) The class 1 rail carrier shall provide the information described in subsection (2) on a monthly basis, no later than the last day of the month following the month to which the information relates.

      • First report

        (4) No later than the last day of the month following the month in which this section comes into force, the class 1 rail carrier shall provide to the Minister a report described in subsection (2) for each month in the period that begins August 1, 2016 and that ends on the last day of the month in which this section comes into force.

      • Deeming

        (5) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(a) of the Act.

  • — 2018, c. 10, s. 77

    • Information — service and performance indicators

      • 77 (1) This section applies until the first regulation made under paragraph 50(1.01)(b) of the Act comes into force.

      • Information to be provided

        (2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report containing the information specified in paragraphs 1250.2(a)(1) to (8) of Title 49 of the United States Code of Federal Regulations as amended from time to time.

      • Adaptations

        (3) For the purpose of subsection (2), the provisions of the United States Code of Federal Regulations are adapted as follows:

        • (a) a reference to “should” is to be read as “must”;

        • (b) unless the context requires otherwise, a reference to “railroad” is to be read as “class 1 rail carrier”;

        • (c) a reference to “state” is to be read as “province”;

        • (d) a reference to “dedicated train service” is to be read as “dedicated train program and fleet integration program”; and

        • (e) paragraph 1250.2(a)(7) is to be read without reference to “aggregated for the following STCCs: 01131 (barley), 01132 (corn), 01133 (oats), 01135 (rye), 01136 (sorghum grains), 01137 (wheat), 01139 (grain, not elsewhere classified), 01144 (soybeans), 01341 (beans, dry), 01342 (peas, dry) and 01343 (cowpeas, lentils, or lupines)”.

      • Explanation

        (4) A class 1 rail carrier shall, in its first report, provide an explanation of the methodology it used to derive the data, including the definition of unit train used by the class 1 rail carrier. The definition of unit train shall be based on the class 1 rail carrier’s normal business practices. If the methodology changes, the class 1 rail carrier shall provide an updated explanation of its methodology in any subsequent report in which that methodology is used for the first time, including any updated definition of unit train.

      • Time limit

        (5) The class 1 rail carrier shall provide the report for each period of seven days commencing on Saturday and ending on Friday, no later than five days after the last day of the period of seven days to which the information relates.

      • First report

        (6) The first report that is to be provided by a class 1 rail carrier is to contain information related to the seven day period that commences on the first Saturday that follows the day on which this section comes into force.

      • Deeming

        (7) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(b) of the Act.

  • — 2018, c. 10, s. 78

    • Arrangements concluded before coming into force of section 14

      78 Persons that have entered into an arrangement, as defined in section 53.7 of the Act, before the day on which section 14 comes into force, may still provide a notice of the arrangement under subsection 53.71(1) of that Act as though the arrangement had not been entered into, in which case section 53.72 of that Act does not apply to that arrangement.

  • — 2018, c. 10, s. 79

    • Interswitching rate

      • 79 (1) Until December 31 of the first year in which the Agency makes a determination of the interswitching rate under subsection 127.1(1) of the Act, the interswitching rate determined under paragraph 128(1)(b) of the Act as it read immediately before the day on which subsection 28(1) comes into force continues to apply and is deemed to be a rate determined by the Agency in accordance with section 127.1 of the Act.

      • First determination

        (2) If section 127.1 of the Act comes into force after August 1 of any calendar year, the Agency is not required to determine the interswitching rate in accordance with subsection 127.1(1) until December 1 of the following calendar year.

  • — 2018, c. 10, s. 80

    • Volume-related composite price index

      • 80 (1) For the crop year in which this Act receives royal assent, the value of F in subsection 151(1) of the Act that applies to each prescribed railway company is to be the volume-related composite price index for that crop year that was determined by the Agency in accordance with section 151 of the Act as it read immediately before the day on which this Act receives royal assent.

      • Volume-related composite price index

        (2) For the purpose of determining the value of F in subsection 151(1) of the Act for the crop year that follows the crop year in which this Act receives royal assent,

        • (a) immediately before making the determination, the Agency shall adjust the volume-related composite price index described in subsection (1) to reflect costs incurred by the prescribed railway companies to earn the revenue described in paragraphs 150(3)(d) and (e) of the Act; and

        • (b) the volume-related composite price index that applies to each prescribed railway company shall be determined by the Agency in accordance with section 151 of the Act as amended by this Act, based on the volume-related composite price index adjusted in accordance with paragraph (a).

      • Redetermination

        (3) If, before the day on which this Act receives royal assent, the Agency has already determined the volume-related composite price index for the crop year that follows the crop year in which this Act receives royal assent, the Agency shall redetermine the volume-related composite price index for that crop year in accordance with subsection (2).

  • — 2018, c. 10, s. 81

    • First adjustment to maximum amount of freight charges

      81 No later than March 31, 2021, the Agency shall, in accordance with section 164.2 of the Act, make the first adjustment to the maximum amount referred to in section 164.1 of the Act. The adjusted amount applies for the three-year period starting April 1, 2021.

  • — 2018, c. 10, s. 81.1 and par. 95(6)(c)

  • — 2023, c. 26, s. 472

    • Complaints remaining with Agency

      • 472 (1) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with that Act, and any regulations made under it, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

      • Complaints to be dealt with by complaint resolution officers

        (2) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is not in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with

        • (a) sections 85.04 to 85.12 of that Act; and

        • (b) any regulations made under subsection 86.11(1) of that Act as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

  • — 2023, c. 26, s. 473

    • Complaints relative to coming into force of subsection 465(1)

      473 A complaint filed under subsection 85.04(1) of the Canada Transportation Act before the day on which subsection 465(1) comes into force that was not disposed of before that day, and a complaint filed under that subsection 85.04(1) on or after that day in respect of a flight for which the date of departure that is indicated on the complainant’s ticket is before that day, is to be dealt with and disposed of in accordance with sections 85.04 to 85.12 of that Act, and any regulations made under subsection 86.11(1) of that Act, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

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