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Marginal note:Expropriation under Railway Act

201 Where proceedings under or governed by sections 160 to 188 of the Railway Act were commenced before the coming into force of section 185 of this Act, those sections continue to apply in respect of those proceedings.

Marginal note:Publication

181.1 The Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections60 to 62 of the Accessible Canada Act.

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Marginal note:Other powers of enforcement officers

• 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,

  • [...]

  • (i) order the owner or person having possession of any thing to which any provision of this Act or of any regulation, order or direction made under this Act or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

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• Marginal note:Accompanying individual

  (4) An enforcement officer may be accompanied by any other individual the officer believes is necessary to help them exercise their powers or perform their duties or functions under this section.

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Marginal note:Regulation-making powers

• 177 (1) The Agency may, by regulation,

  • (a) designate

    • (i) any provision of this Act or of any regulation, order or direction made pursuant to this Act,

    • [...]

    • (iii) any condition of a licence issued under this Act,

    as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and

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• (2) The Minister may, by regulation,

  • (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and

• Marginal note:Certain provisions

  (2.001) The contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

• Marginal note:Regulations made under subsection 50(1.01)

  (2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.

• Marginal note:Sections 93.1 or 94

  (2.1) The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

• Marginal note:Subsections 155.7(1) or 155.84(1) to (3)

  (2.2) The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

• Marginal note:Subsection 170(1) and Accessible Canada Act

  (3) The contravention of any provision of any regulation made under subsection 170(1) — or the contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act — may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $250,000.

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87 In this Part,

operate

operate  includes, with respect to a railway, any act necessary for the maintenance of the railway or the operation of a train; (exploitation)

point of destination

point of destination  means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply; (point de destination)

point of origin

point of origin  means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply; (point d’origine)

railway company

railway company  means a person who holds a certificate of fitness under section 92, a partnership of such persons or a person who is mentioned in subsection 90(2); (compagnie de chemin de fer)

Special Act

Special Act means an Act under which a railway company has authority to construct or operate a railway, or that is enacted with special reference to a railway, and includes

• (a) letters patent constituting a company’s authority to construct or operate a railway, granted before April 1, 1969, under any Act, and the Act under which the letters patent were granted or confirmed, and

• (b) letters patent incorporating a company under section 11 of the Railway Act on or after April 1, 1969, whose objects are the construction or operation of a railway in Canada; (loi spéciale)

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