Assented to 2013-06-26
An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration)
This enactment amends the Canada Transportation Act to require a railway company, on a shipper’s request, to make the shipper an offer to enter into a contract respecting the manner in which the railway company must fulfil its service obligations to the shipper. It also creates an arbitration process to establish the terms of such a contract if the shipper and the railway company are unable to agree on them. The enactment also amends provisions related to air transportation to streamline internal processes and certain administrative provisions of that Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1. This Act may be cited as the Fair Rail Freight Service Act.
Marginal note:Agency’s report
42. (1) Each year the Agency shall, before the end of July, make a report on its activities for the preceding year and submit it, through the Minister, to the Governor in Council describing briefly, in respect of that year,
Marginal note:2007, c. 19, s. 8(1)
3. The portion of subsection 50(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Règlements relatifs aux renseignements
50. (1) Le gouverneur en conseil peut, par règlement, exiger des personnes visées au paragraphe (1.1) qui sont assujetties à la compétence législative du Parlement qu’elles fournissent au ministre des renseignements, autres que les renseignements personnels au sens de l’article 3 de la Loi sur la protection des renseignements personnels, aux dates, en la forme et de la manière que le règlement peut préciser, en vue :
4. The Act is amended by adding the following after section 50:
Marginal note:Externally produced documents
50.01 (1) A regulation made under subsection 50(1) may incorporate by reference any document that is produced by a person or body other than the Minister.
Marginal note:Type of incorporation by reference
(2) A document may be incorporated by reference either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated document
(3) The Minister must ensure that a document that is incorporated by reference is accessible.
Marginal note:No finding of guilt or administrative sanction
(4) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to that person.
Marginal note:No registration or publication
(5) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Existing power not limited
50.02 For greater certainty, an express power in this Act to incorporate by reference does not limit the power that otherwise exists to incorporate by reference in a regulation made under this Act.
5. Section 62 of the Act is renumbered as subsection 62(1) and is amended by adding the following:
Marginal note:Statutory Instruments Act
(2) The order is not a regulation for the purposes of the Statutory Instruments Act.
(3) The Minister must, as soon as feasible, make the name of the person who is exempted and the exemption’s duration accessible to the public through the Internet or by any other means that the Minister considers appropriate.
6. Subsection 69(2) of the Act is replaced by the following:
Marginal note:Eligibility of Canadians
(2) The Minister may, in writing, designate any Canadian as eligible to hold a scheduled international licence. That Canadian remains eligible while the designation remains in force.
7. Section 80 of the Act is amended by adding the following after subsection (2):
Marginal note:Exemption not to provide certain relief — section 69
(3) No exemption shall be granted under subsection (1) that has the effect of relieving a person from the provisions of section 69 that require, in order to be eligible to hold a scheduled international licence,
(a) a Canadian to be designated by the Minister to hold such a licence; or
(b) a non-Canadian to be designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada.
8. (1) Section 126 of the Act is amended by adding the following after subsection (1):
Marginal note:Request for confidential contract
(1.1) If a shipper wishes to enter into a contract under subsection (1) with a railway company respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may request that the railway company make it an offer to enter into such a contract.
Marginal note:Content of request
(1.2) The request must describe the traffic to which it relates, the services requested by the shipper with respect to the traffic and any undertaking that the shipper is prepared to give to the railway company with respect to the traffic or services.
(1.3) The railway company must make its offer within 30 days after the day on which it receives the request.
Marginal note:Exception to offer
(1.4) Subject to subsection (1.5), the railway company is not required to include in its offer terms with respect to a matter that
(a) is governed by a written agreement to which the shipper and the railway company are parties;
(b) is the subject of an order, other than an interim order, made under subsection 116(4);
(c) is set out in a tariff referred to in subsection 136(4) or 165(3); or
(d) is the subject of an arbitration decision made under section 169.37.
(1.5) The railway company must include in its offer terms with respect to a matter that is governed by an agreement, the subject of an order or decision or set out in a tariff, referred to in subsection (1.4) if the agreement, order, decision or tariff expires within two months after the day on which the railway company receives the request referred to in subsection (1.1). The terms must apply to a period that begins after the agreement, order, decision or tariff expires.
(2) Subsection 126(2) of the French version of the Act is replaced by the following:
(2) Toute demande d’arbitrage au titre de l’article 161 sur une question faisant l’objet d’un contrat confidentiel est subordonnée à l’assentiment de toutes les parties au contrat.
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