An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (S.C. 2007, c. 19)
Full Document:
Assented to 2007-06-22
Marginal note:2000, c. 15, s. 8
26. (1) Paragraph 86(1)(h) of the Act is amended by striking out the word “and” at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:
(iii) authorizing the Agency to direct a licensee or carrier to take corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage applicable to the service it offers that were set out in its tariffs, and
(iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;
(2) Paragraph 86(1)(j) of the Act is replaced by the following:
(j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;
(3) Subsection 86(3) of the Act is repealed.
27. The Act is amended by adding the following after section 86:
Marginal note:Advertising regulations
86.1 (1) The Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada.
Marginal note:Contents of regulations
(2) Without limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service.
Marginal note:Regulations may prescribe
(3) Without limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2).
Marginal note:Regulations and orders
86.2 A regulation or order made under this Part may be conditional or unconditional or qualified or unqualified and may be general or restricted to a specific area, person or thing or group or class of persons or things.
28. Section 87 of the Act is amended by adding the following in alphabetical order:
“metropolitan area”
« région métropolitaine »
“metropolitan area” means any area that is classified by Statistics Canada in its most recent census of Canada as a census metropolitan area;
“public passenger service provider”
« société de transport publique »
“public passenger service provider” means VIA Rail Canada Inc., a passenger rail service provider designated by the Minister or an urban transit authority;
“urban transit authority”
« administration de transport de banlieue »
“urban transit authority” means an entity owned or controlled by the federal government or a provincial, municipal or district government that provides commuter services.
29. The Act is amended by adding the following after section 95:
Noise and Vibration
Marginal note:Obligation
95.1 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account
(a) its obligations under sections 113 and 114, if applicable;
(b) its operational requirements; and
(c) the area where the construction or operation takes place.
Marginal note:Guidelines
95.2 (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to
(a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and
(b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.
Marginal note:Consultations
(2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.
Marginal note:Not statutory instruments
(3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:Complaints and investigations
95.3 (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.
Marginal note:Restriction
(2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.
Marginal note:Public passenger service providers
95.4 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.
Marginal note:1999, c. 31, ss. 37(E) and 38(E)
30. Section 104 of the Act and the heading before it are replaced by the following:
Security
Marginal note:Deposit of mortgage, hypothec or security agreement
104. (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:
(a) a mortgage or hypothec issued by a railway company;
(b) a security agreement entered into by a railway company;
(c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or
(d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.
Marginal note:Effect of deposit
(2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.
31. (1) Subsections 105(1) and (2) of the Act are replaced by the following:
Marginal note:Deposit of documents
105. (1) A document, or a copy or summary of a document, evidencing any of the following transactions may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:
(a) a lease, sale, conditional sale, instalment sale, mortgage, hypothec, bailment, leasing, deposit or security agreement relating to rolling stock or any accessories or appurtenances relating to rolling stock; and
(b) an amendment, assignment or discharge of a document mentioned in paragraph (a).
(2) Subsection 105(4) of the Act is repealed.
32. The Act is amended by adding the following after section 105:
Regulations
Marginal note:Regulations
105.1 The Governor in Council may make regulations respecting
(a) the depositing of copies of documents under sections 104 and 105;
(b) the form and content of summaries to be deposited under those sections; and
(c) the effects, in Canada, of the deposit, registration or filing in other countries of documents evidencing any transaction referred to in paragraph 105(1)(a) or of documents evidencing amendments, assignments or discharges of those documents.
33. Subsections 106(5) and (6) of the Act are replaced by the following:
Marginal note:Limitation
(5) No order of the Federal Court or any other court restraining action against the railway company affects any right or remedy of a person in respect of, including the right to take possession of, the rolling stock, or any accessories or appurtenances relating to the rolling stock, of the company as a creditor under a security agreement, mortgage or hypothec or as a bailor, depositary, lessor or vendor under a conditional sale or an instalment sale, whether as trustee or otherwise, unless
(a) within 60 days after filing the scheme of arrangement, or any extended period to which the person may agree, the railway company agrees to perform all its obligations under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be;
(b) any event that occurred before or after the scheme was filed and that constitutes a default under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be, is cured before the later of
(i) 30 days after the event, and
(ii) the end of the period referred to in paragraph (a); and
(c) any event that occurred on or after the expiry of the period referred to in paragraph (a) and that constitutes a default under the security agreement, mortgage, hypothec, bailment, leasing, deposit, lease, conditional sale agreement or instalment sale agreement, as the case may be, is cured in accordance with that instrument or act.
Marginal note:Extension of 60-day period
(6) An extension of the 60-day period under paragraph (5)(a) does not prejudice the right to take possession of, or any other right or remedy in respect of, the rolling stock or the accessories or appurtenances relating to the rolling stock.
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