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Marginal note:Transferred railway lines

131 For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect the right of a shipper to apply for a long-haul interswitching order.

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Marginal note:Regulations

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• Marginal note:Transfer of lines does not affect entitlement

  (4) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate.

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Marginal note:Arbitration fees

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• Marginal note:Payment of fees and costs

  (3) The shipper and the railway company are to share equally, whether or not the proceedings are terminated under section 169.41, in the payment of the fee for the arbitrator’s services and in the payment of the costs related to the arbitration, including those borne by the Agency in providing administrative, technical and legal assistance to the arbitrator under subsection 169.35(3).

• Marginal note:Cost related to arbitration

  (4) Costs related to the arbitration also include the cost to the Agency when a member or a person on the staff of the Agency acts as an arbitrator and the Agency does not fix a fee for that arbitrator under subsection (1).

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Marginal note:Annual adjustment

• 172.2 (1) For the purpose of paragraphs 172(2)(d) and (e) and 172.1(2)(d) and (e), the maximum amount shall be adjusted annually so that in any calendar year following the one during which this section comes into force it is equivalent to the product of

  • (a) the amount that would have been the maximum amount for that following calendar year if no adjustment had been made under this section with respect to that year, and

• Marginal note:Consumer Price Index

  (2) For the purpose of subsection (1), 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.

• Marginal note:Publication of adjusted amount

  (3) When a maximum amount is adjusted in accordance with this section, the Agency shall publish the maximum amount as so adjusted as soon as it is determined.

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Marginal note:Continuation of previous orders, etc.

196 Subject to sections 197 to 199, every decision, order, licence, permit, rule, regulation and direction made or issued by the National Transportation Agency that was in force immediately before the coming into force of this section and that is not inconsistent with this Act or any other Act of Parliament continues in force as if it were a decision, order, license, permit, rule, regulation or direction made or issued by the Canadian Transportation Agency.