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Marginal note:Annual adjustment of levy

• 155.4 (1) The levy for the carriage, on a railway, of crude oil is to be adjusted annually so that the levy in any following year is an amount equal to the product of

  • (a) the levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year, and

• Marginal note:Consumer Price Index

  (2) For the purposes of this section,

  • (a) a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;

  • (b) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the levy under this section; and

  • (c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new content basis, that adjustment does not affect the operation of this section.

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• Marginal note:Adjusted levy to be published

  (4) The Minister shall cause the levy for the carriage of crude oil that is adjusted in accordance with this section to be published in the Canada Gazette as soon as it is available, and the levy so published is admissible in any proceedings as conclusive proof of the levy for the year in question.

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Marginal note:Filing agreements

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• Marginal note:No agreement on apportionment of costs

  (4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.

• Marginal note:Non-application of section

  (5) This section does not apply in any circumstances where section 102 or 103 applies.

Marginal note:Joint offer of several shippers

• 169.2 (1) In the case where more than one shipper is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any conditions associated with the movement of goods, those shippers may, if the matter cannot be resolved between them and the carrier, submit the matter jointly to the Agency for a final offer arbitration, in which case sections 161 to 169 apply, with any modifications that the circumstances require.

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• Marginal note:Mediator not to act in other proceedings

  (5) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

• (6) In the case of a matter that is submitted jointly under subsection (1),

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  • (c) the decision of the arbitrator shall, despite paragraph 165(2)(b), be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration is received by the Agency unless the parties agree otherwise.

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Marginal note:Mediation

• 169.1 (1) The parties to a final offer arbitration may, by agreement, refer to a mediator, which may be the Agency, a matter that has been submitted for a final offer arbitration under section 161.

• Marginal note:Establishment of roster

  (2) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators in any matter referred to it under subsection (1).

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• Marginal note:Mediator not to act in other proceedings

  (6) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

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Marginal note:Notice

• 53.1 (1) Every person who is required to notify the Commissioner of Competition under subsection 114(1) of the Competition Act of a proposed transaction that involves a transportation undertaking shall, at the same time as the Commissioner is notified and, in any event, not later than the date by which the person is required to notify the Commissioner,

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• Marginal note:Information

  (2) A notice given to the Minister or to the Agency shall, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice shall also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that shall be issued and published by the Minister. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

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• Marginal note:Not statutory instruments

  (3) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

• Marginal note:No public interest issues

  (4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister shall, within 42 days after a person gives notice under subsection (1), give notice of the opinion to that person, in which case sections 53.2 and 53.3 do not apply in respect of that transaction.

• Marginal note:Public interest issues

  (5) If the Minister is of the opinion that the proposed transaction raises issues with respect to the public interest as it relates to national transportation, the Minister may direct the Agency to examine those issues under section 49 or appoint and direct any person to examine those issues under section 7.1 of the Department of Transport Act.

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