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Marginal note:Employment continued

• 189 (1) Nothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position under the authority of the National Transportation Agency, except that each of those persons shall, on the coming into force of this section, occupy their position under the authority of the Canadian Transportation Agency.

• Definition of employee

  (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Offer to governments

• 145 (1) The railway company shall offer to transfer all of its interest in the railway line to the governments and urban transit authorities mentioned in this section for not more than its net salvage value to be used for any purpose if

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• Marginal note:Disclosure — offer

  (1.1) The offer shall disclose whether or not section 96 applies to the land on which that railway line is located, and if the information described in paragraphs 141(2.2)(a) and (b) has not yet been provided to the Minister, the railway company shall provide it to the Minister with the offer.

• (2) After the requirement to make the offer arises, the railway company shall send it simultaneously

  • (a) to the Minister if the railway line passes through

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    • (ii) land that is or was a reserve, as defined in subsection 2(1) of the Indian Act,

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• Marginal note:Declaration

  (4.1) The railway company shall, at the time of a transfer to a government or an urban transit authority, provide a written declaration to the government or urban transit authority stating that the transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister.

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Marginal note:Complaint and investigation concerning company’s obligations

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• (1.2) The Agency shall determine that a company is fulfilling its service obligations if it is satisfied that the company provides the highest level of service in respect of those obligations that it can reasonably provide in the circumstances, having regard to the following considerations:

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  • (g) the company’s obligations in respect of the operation of the railway under this Act;

• Marginal note:Confidential contract binding on Agency

  (2) If a company and a shipper agree, by means of a confidential contract, on the manner in which service obligations under section 113 are to be fulfilled by the company, the terms of that agreement are binding on the Agency in making its determination.

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• Marginal note:Right of action on default

  (5) Every person aggrieved by any neglect or refusal of a company to fulfil its service obligations has, subject to this Act, an action for the neglect or refusal against the company.

• Marginal note:Right of action not limited

  (5.1) If an arbitrator’s decision made under section 169.37 includes a term with respect to an amount described in paragraph 169.31(1)(c.1), the term does not limit the right to claim an amount of compensation in an action under subsection (5).

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Marginal note:Statutory review

• 53 (1) The Minister shall, no later than eight years after the day this subsection comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act and any other Act of Parliament for which the Minister is responsible that pertains to the economic regulation of a mode of transportation or to transportation activities under the legislative authority of Parliament.

• Marginal note:Objective of review

  (2) The person or persons conducting the review shall assess whether the legislation referred to in subsection (1) provides Canadians with a transportation system that is consistent with the national transportation policy set out in section 5 and, if necessary or desirable, may recommend amendments to

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• Marginal note:Powers on review

  (4) Every person appointed to carry out the review has, for the purposes of the review, the powers of a commissioner under Part I of the Inquiries Act and may engage the services of experts, professionals and other staff deemed necessary for making the review at the rates of remuneration that the Treasury Board approves.

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Marginal note:Notice

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• Marginal note:Not statutory instruments

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

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• Marginal note:No significant public interest considerations

  (7) If the Minister is of the opinion that the proposed arrangement does not raise significant considerations with respect to the public interest, sections 53.72 to 53.79 do not apply to that arrangement.

• Marginal note:Significant public interest considerations

  (8) If the Minister is of the opinion that the proposed arrangement raises significant considerations with respect to the public interest, the arrangement is subject to the review process set out in section 53.73.

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