Transportation Modernization Act (S.C. 2018, c. 10)
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Assented to 2018-05-23
1996, c. 10Canada Transportation Act (continued)
49 Paragraph 165(2)(c) of the Act is replaced by the following:
(c) be rendered so as to apply for the period that is agreed to by the parties or, if no period has been agreed to by the parties, for the period, not exceeding two years, that the shipper requested in its submission.
50 (1) Subsection 169.31(1) of the Act is amended by adding the following after paragraph (c):
(c.1) any amount to be paid by the company or the shipper in relation to a failure to comply with any operational term described in paragraphs (a) to (c);
(2) Subsection 169.31(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the dispute resolution process related to the implementation of the arbitrator’s decision.
Marginal note:2013, c. 31, s. 11
(3) Paragraph 169.31(3)(c) of the Act is replaced by the following:
(c) a long-haul interswitching order made under subsection 134(1); or
Marginal note:2013, c. 31, s. 11
(4) Subsection 169.31(4) of the Act is replaced by the following:
Marginal note:Clarification
(4) For greater certainty, a rate for the movement of the traffic is not to be subject to arbitration.
51 (1) Subsection 169.34(1) of the Act is amended by adding the following after paragraph (a):
(a.1) any term with respect to an amount described in paragraph 169.31(1)(c.1), if the matter in respect of the amount has been submitted by the shipper for arbitration;
(2) Subsection 169.34(1) 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) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f).
Marginal note:2013, c. 31, s. 11
52 Section 169.37 of the Act is replaced by the following:
Marginal note:Arbitrator’s decision
169.37 (1) The arbitrator’s decision must establish the following terms, or any combination of the following terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration:
(a) any operational term described in paragraph 169.31(1)(a), (b) or (c);
(b) any term with respect to an amount described in paragraph 169.31(1)(c.1) if the matter in respect of the amount has been submitted by the shipper for arbitration;
(c) any term for the provision of a service described in paragraph 169.31(1)(d);
(d) any term with respect to the application of a charge described in paragraph 169.31(1)(e); or
(e) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f).
Marginal note:Elements to consider
(2) In making the decision, the arbitrator must have regard to the following:
(a) the traffic to which the service obligations relate;
(b) the service that the shipper requires with respect to the traffic;
(c) any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission;
(d) the railway company’s obligations under this Act in respect of the operation of the railway;
(e) the railway company’s obligations, if any, with respect to a public passenger service provider;
(f) the railway company’s and the shipper’s operational requirements and restrictions;
(g) the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; and
(h) any information that the arbitrator considers relevant.
Marginal note:Efficiency
(3) The arbitrator shall establish a term with respect to an amount described in paragraph 169.31(1)(c.1) in a manner that encourages the efficient movement of the shipper’s traffic and the performance of the railway system and that is balanced between the shipper and the railway company.
Marginal note:2013, c. 31, s. 12
53 (1) Subsection 177(1.1) of the Act is repealed.
Marginal note:2007, c. 19, s. 49(3)
(2) Paragraph 177(2)(a) of the Act is replaced by the following:
(a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and
(3) Section 177 of the Act is amended by adding the following after subsection (2):
Marginal note:Regulations made under subsection 50(1.01)
(2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.
Marginal note:2015, c. 31, s. 12
54 The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notices of violation
178 (1) The Agency, in respect of a violation referred to in subsection 177(1) or (2.1), or the Minister, in respect of a violation referred to in subsection 177(2), (2.01), (2.2) or (3), may
Marginal note:2007, c. 19, s. 52
55 Paragraph 180(a) of the Act is replaced by the following:
Marginal note:
(a) the penalty for the violation that the person is liable to pay; and
Marginal note:2007, c. 19, s. 52
56 Paragraph 180.5(b) of the Act is replaced by the following:
(b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.
Marginal note:2007, c. 19, s. 52
57 Subsection 180.6(4) of the Act is replaced by the following:
Marginal note:Certificate
(4) If the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.
Marginal note:2013, c. 31, s. 14; 2015, c. 31, s. 13
58 Section 180.8 of the Act is replaced by the following:
Marginal note:References to “Minister”
180.8 (1) In the case of a violation referred to in subsection 177(1), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.
Marginal note:Delegation by Minister
(2) In the case of a violation referred to in subsection 177(2), (2.01), (2.2) or (3), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.
Marginal note:Replacement of “paragraph 128(1)(b)”
59 The French version of the Act is amended by replacing “l’alinéa 128(1)b)” with “l’article 127.1” in the following provisions:
(a) subsection 113(2.1);
(b) subsections 155.7(1) and (2); and
(c) paragraph 155.84(1)(c).
59.1 (1) Schedule II to the Act is amended by replacing “Bean (except soybean) derivatives (flour, protein, isolates, fibre)” with “Bean (including soybean) derivatives (flour, protein, isolates, fibre)”.
(2) Schedule II to the Act is amended by replacing “Beans (except soybeans), including faba beans, splits and screenings” with “Beans, including soybeans, faba beans, splits and screenings”.
(3) Schedule II to the Act is amended by adding, in alphabetical order, “Meal, soybean”, “Meal, oil cake, soybean”, “Oil, soybean” and “Oil cake, soybean”.
1995, c. 24CN Commercialization Act
60 Paragraph 8(1)(a) of the CN Commercialization Act is replaced by the following:
(a) provisions imposing constraints on the issue, transfer and ownership, including joint ownership, of voting shares of CN to prevent any one person, together with the associates of that person, from holding, beneficially owning or controlling, directly or indirectly, otherwise than by way of security only, in the aggregate, voting shares to which are attached more than 25% of the votes that may ordinarily be cast to elect directors of CN;
Marginal note:Amendment of articles
60.1 (1) Despite sections 173 to 176 of the Canada Business Corporations Act, CN’s directors may amend its articles in accordance with the amendment set out in section 60.
Marginal note:Articles of amendment sent to Director
(2) When the directors amend the articles under subsection (1), they shall send the articles of amendment to the Director in accordance with section 177 of the Canada Business Corporations Act.
Marginal note:Definitions
(3) The following definitions apply in this section.
- CN
CN has the same meaning as in subsection 2(1) of the CN Commercialization Act. (CN)
- Director
Director has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (directeur)
R.S., c. 32 (4th Supp.)Railway Safety Act
61 The Railway Safety Act is amended by adding the following after section 17.3:
Marginal note:Recording instruments
17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless
(a) the railway equipment is fitted with the prescribed recording instruments; and
(b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.
Marginal note:Use or communication
(2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.
Marginal note:Prevention of recording, collection or preservation
(3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.
62 The Act is amended by adding the following after section 17.9:
Recording Instruments
Marginal note:Companies — use of information
17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of
(a) conducting analyses under section 13, 47 or 74 of the Railway Safety Management System Regulations, 2015; and
(b) determining the causes and contributing factors of an accident or incident that the company is required to report under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate.
Marginal note:Information randomly selected
(2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.
Marginal note:Use — threat to safety of railway operations
(3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations.
Marginal note:Personal Information Protection and Electronic Documents Act and provincial legislation
(4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so
(a) despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and
(b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information.
Marginal note:Minister — use of information
17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of
(a) developing policies;
(b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and
(c) verifying compliance with section 17.31 and regulations made under section 17.95.
Marginal note:Information randomly selected
(2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.
Marginal note:Use — threat to safety of railway operations
(3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations.
Marginal note:Railway safety inspectors — use of information
17.93 (1) A railway safety inspector may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of
(a) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and
(b) verifying compliance with section 17.31 and regulations made under section 17.95.
Marginal note:Use — threat to safety of railway operations
(2) If a railway safety inspector uses information under paragraph (1)(a), they may also use that information to address a threat to the safety of railway operations.
Marginal note:Recorded information admissible
17.94 (1) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is admissible in any proceedings for a violation or offence, with respect to the contravention of section 17.31 or the regulations made under section 17.95, against the company that operates the railway equipment.
Marginal note:Recorded information not admissible
(2) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is not admissible in any proceedings for a violation or offence under this Act — other than for a violation or offence with respect to the contravention of subsection 17.31(3) — against an individual who is on board the railway equipment at the time of the recording or an individual who communicates with that individual at that time.
Marginal note:Information used under subsections 17.91(3), 17.92(3) and 17.93(2) admissible
(3) Subject to subsection (2), the information used under subsections 17.91(3), 17.92(3) and 17.93(2) is admissible in any proceedings that may result from that use.
Marginal note:Regulations
17.95 (1) The Governor in Council may make regulations
(a) prescribing criteria for the purposes of subsection 17.31(1);
(b) respecting the exemption of any company that meets the criteria referred to in paragraph (a) from the application of subsection 17.31(1);
(c) respecting the recording instruments with which the railway equipment is to be fitted, including their specifications, installation and maintenance;
(d) respecting the information that companies record using those instruments, including the recording of that information, its collection, its preservation, its destruction, its use, its communication — including on request by the Minister — its selection and access to it; and
(e) prescribing threats to the safety of railway operations for the purpose of subsection 17.91(3).
Marginal note:Application
(2) A regulation made under this section may be general or applicable to a group or class of companies.
Marginal note:For greater certainty
17.96 For greater certainty, subject to any use or communication that is expressly authorized under any of sections 17.91 to 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95, the information that a company records, collects or preserves under subsection 17.31(1) and that is an on-board recording, as defined in subsection 28(1) of the Canadian Transportation Accident Investigation and Safety Board Act, remains privileged under subsection 28(2) of that Act.
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