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Marginal note:Confidential contracts

• 126 (1) A railway company may enter into a contract with a shipper that the parties agree to keep confidential respecting

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  • (d) the manner in which the company is to fulfil its service obligations under section 113; and

• (1.1) A shipper may request that a railway company make it an offer to enter into a contract under subsection (1) with the railway company respecting

  • (a) the manner in which the company is to fulfil its service obligations under section 113; or

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• (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

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  • (d) is the subject of an arbitration decision made under section 169.37.

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• Marginal note:No investigation or arbitration of confidential contracts

  (2) No party to a confidential contract is entitled to submit a matter governed by the contract to the Agency for final offer arbitration under section 161, without the consent of all the parties to the contract.

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Marginal note:Special Act railways declared to be works for general advantage of Canada

89 If the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.

Marginal note:Electronic means

• 6.2 (1) If the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means.

• Marginal note:Designated persons

  (2) For greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegate

  (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister.

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Marginal note:Confidentiality of information

• 201.1 (1) Where information concerning the costs of a railway company or other information that is by its nature confidential was obtained from the company by the Agency in the course of an investigation under the Railway Act or the National Transportation Act, 1987, the information shall not be published or disclosed in such a manner as to be available for the use of any other person, except in accordance with subsection (2) or if, in the opinion of the Agency, the publication is necessary in the public interest.

• Marginal note:Disclosure to Minister

  (2) The Agency shall disclose to the Minister any information in its possession, other than information contained in a confidential contract entered into under subsection 120(1) of the National Transportation Act, 1987 or subsection 126(1) of this Act.

Marginal note:Liability under another Act

152.9 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.

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