Transportation Modernization Act (S.C. 2018, c. 10)
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Assented to 2018-05-23
Transitional Provisions (continued)
Marginal note:Arrangements concluded before coming into force of section 14
78 Persons that have entered into an arrangement, as defined in section 53.7 of the Act, before the day on which section 14 comes into force, may still provide a notice of the arrangement under subsection 53.71(1) of that Act as though the arrangement had not been entered into, in which case section 53.72 of that Act does not apply to that arrangement.
Marginal note:Interswitching rate
79 (1) Until December 31 of the first year in which the Agency makes a determination of the interswitching rate under subsection 127.1(1) of the Act, the interswitching rate determined under paragraph 128(1)(b) of the Act as it read immediately before the day on which subsection 28(1) comes into force continues to apply and is deemed to be a rate determined by the Agency in accordance with section 127.1 of the Act.
Marginal note:First determination
(2) If section 127.1 of the Act comes into force after August 1 of any calendar year, the Agency is not required to determine the interswitching rate in accordance with subsection 127.1(1) until December 1 of the following calendar year.
Marginal note:Volume-related composite price index
80 (1) For the crop year in which this Act receives royal assent, the value of F in subsection 151(1) of the Act that applies to each prescribed railway company is to be the volume-related composite price index for that crop year that was determined by the Agency in accordance with section 151 of the Act as it read immediately before the day on which this Act receives royal assent.
Marginal note:Volume-related composite price index
(2) For the purpose of determining the value of F in subsection 151(1) of the Act for the crop year that follows the crop year in which this Act receives royal assent,
(a) immediately before making the determination, the Agency shall adjust the volume-related composite price index described in subsection (1) to reflect costs incurred by the prescribed railway companies to earn the revenue described in paragraphs 150(3)(d) and (e) of the Act; and
(b) the volume-related composite price index that applies to each prescribed railway company shall be determined by the Agency in accordance with section 151 of the Act as amended by this Act, based on the volume-related composite price index adjusted in accordance with paragraph (a).
Marginal note:Redetermination
(3) If, before the day on which this Act receives royal assent, the Agency has already determined the volume-related composite price index for the crop year that follows the crop year in which this Act receives royal assent, the Agency shall redetermine the volume-related composite price index for that crop year in accordance with subsection (2).
Marginal note:First adjustment to maximum amount of freight charges
81 No later than March 31, 2021, the Agency shall, in accordance with section 164.2 of the Act, make the first adjustment to the maximum amount referred to in section 164.1 of the Act. The adjusted amount applies for the three-year period starting April 1, 2021.
Related and Consequential Amendments
R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act
Marginal note:2007, c. 36, s. 1(1)
82 The definition corporation in section 2 of the Bankruptcy and Insolvency Act is replaced by the following:
- corporation
corporation means a company or legal person that is incorporated by or under an Act of Parliament or of the legislature of a province, an incorporated company, wherever incorporated, that is authorized to carry on business in Canada or has an office or property in Canada or an income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act, insurance companies, trust companies or loan companies; (personne morale)
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
83 Subsection 29(1) of the Competition Act is amended by adding the following after paragraph (b):
(b.1) any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act;
84 (1) Subsection 29.1(2) of the Act is amended by adding the following after paragraph (c):
(c.1) any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act;
Marginal note:2007, c. 19, s. 61
(2) Paragraph 29.1(3)(b) of the Act is replaced by the following:
(b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81 of the Canada Transportation Act and identify the transaction being considered under that section.
Marginal note:2007, c. 19, s. 61
(3) Subsections 29.1(4) and (5) of the Act are replaced by the following:
Marginal note:Restriction
(4) The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81, as the case may be, of the Canada Transportation Act.
Marginal note:Confidentiality
(5) No person who performs or has performed duties or functions in the administration or enforcement of the Canada Transportation Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to persons who perform duties or functions under section 53.1 or 53.2 or any of sections 53.71 to 53.81 of that Act.
85 Subsection 45(6) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) is an arrangement, as defined in section 53.7 of the Canada Transportation Act, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked, if the conspiracy, agreement or arrangement is directly related to, and reasonably necessary for giving effect to, the objective of the arrangement.
Marginal note:R.S., c. 19 (2nd Supp.), s. 33
86 Subsection 47(3) of the Act is replaced by the following:
Marginal note:Exception
(3) This section does not apply to
(a) an agreement or arrangement that is entered into or a submission that is arrived at only by companies each of which is, in respect of every one of the others, an affiliate; or
(b) an agreement or arrangement that is an arrangement, as defined in section 53.7 of the Canada Transportation Act, or a submission that is arrived at under that arrangement, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked, if the agreement, arrangement or submission is directly related to, and reasonably necessary for giving effect to, the objective of the arrangement.
87 Subsection 90.1(9) of the Act is amended by striking out “or” at the end of subparagraph (b)(ii), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) an agreement or arrangement that constitutes an existing or proposed arrangement, as defined in section 53.7 of the Canada Transportation Act, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked.
88 Section 94 of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) a merger or proposed merger that constitutes an existing or proposed arrangement, as defined in section 53.7 of the Canada Transportation Act, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked.
R.S., c. C-36Companies’ Creditors Arrangement Act
Marginal note:2005, c. 47, s. 124(2)
89 The definition company in subsection 2(1) of the Companies’ Creditors Arrangement Act is replaced by the following:
- company
company means any company, corporation or legal person incorporated by or under an Act of Parliament or of the legislature of a province, any incorporated company having assets or doing business in Canada, wherever incorporated, and any income trust, but does not include banks, authorized foreign banks within the meaning of section 2 of the Bank Act, telegraph companies, insurance companies and companies to which the Trust and Loan Companies Act applies; (compagnie)
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