Transportation Modernization Act (S.C. 2018, c. 10)

Marginal note:2015, c. 31, s. 9

30 Subsection 137(1) of the Act is replaced by the following:

31 The Act is amended by adding the following after section 137:

• 32 (1) Subsection 141(2) of the Act is replaced by the following:

  • Marginal note:Public accessibility of plan

    (2) The railway company shall make the plan accessible to the public by publishing it on its Internet site or the Internet site of an association or other entity representing railway companies.

• (2) Section 141 of the Act is amended by adding the following after subsection (2.1):

  • Marginal note:Information to provide to Minister

    (2.2) The railway company shall, within 60 days after indicating in the plan its intention to discontinue operating a railway line, provide to the Minister

    • (a) an assessment of whether or not section 96 applies to the land on which the railway line is located; and

    • (b) a legal description of any land to which the assessment indicates section 96 applies and, in the form specified by the Minister, geographical information that would allow for mapping of the land.

  • Marginal note:Discontinuance already indicated in plan

    (2.3) If a railway company has, on the day on which subsection (2.2) comes into force, a plan indicating its intention to discontinue operating a railway line, but the company has not yet made an advertisement under section 143 in respect of that line, it shall provide to the Minister the information referred to in that subsection before making the advertisement.

• (3) Section 141 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Declaration

    (3.1) The railway company shall provide a written declaration to the person to whom the railway line or the operating interest is being sold, leased or otherwise transferred, stating that the sale, lease or transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister.

Marginal note:2000, c. 16, s. 6

• 33 (1) Subsection 142(1) of the Act is replaced by the following:

  Marginal note:Compliance with steps for discontinuance

  • 142 (1) A railway company shall comply with the steps described in this Division before discontinuing operating a railway line. The railway company shall publish and keep up to date on its Internet site or the Internet site of an association or other entity representing railway companies a report that sets out the date that it commenced and completed each step.

• (2) Section 142 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (2.1) Subsection (2) does not apply to a railway company that is the subject of proceedings under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act.

Marginal note:2007, c. 19, s. 36

34 Subsection 143(3) of the Act is replaced by the following:

35 Section 144 of the Act is amended by adding the following after subsection (5):

• 36 (1) Section 145 of the Act is amended by adding the following after subsection (1):

  • 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) Paragraph 145(3)(a) of the Act is replaced by the following:

  • (a) by the Minister, the Government of Canada may accept it within 60 days or, if the Minister has extended the period under subsection (3.1), within that period;

• (3) Section 145 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Extension

    (3.1) If the Minister considers it appropriate to do so, the Minister may extend the period referred to in paragraph (3)(a) by 120 days. The Minister may further extend the period, but the total of those further extensions may not exceed 365 days. Each time the Minister extends the period, the Minister shall provide a notice to the railway company and the railway company shall notify the other governments and urban transit authorities.

  • Marginal note:Service obligations

    (3.2) If the Minister extends the period referred to in paragraph (3)(a), the railway company has no service obligations in respect of the operation of the railway line commencing on the expiry of 150 days after the offer was received by the Minister and ending on the expiry of 280 days after the expiry of the extended period referred to in that paragraph. The railway company shall not remove any of the infrastructure associated with the line during the period for which it has no service obligations.

• (4) Section 145 of the Act is amended by adding the following after subsection (4):

  • 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.

37 Section 146 of the Act is amended by adding the following after subsection (1):

38 The Act is amended by adding the following after section 146.5:

Marginal note:2011, c. 25, s. 60

• 39 (1) The definition government hopper car in section 147 of the Act is repealed.

• (2) The definitions movement and port in British Columbia in section 147 of the Act are replaced by the following:

  movement

  movement, in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, to

  • (a) Thunder Bay or Armstrong, Ontario,

  • (b) Churchill, Manitoba for export,

  • (c) a port in British Columbia for export, other than export to the United States for consumption in that country, or

  • (d) a point west of Thunder Bay or Armstrong, Ontario, if the grain is to be carried to a port in British Columbia for export, other than export to the United States for consumption in that country; (mouvement du grain)

  port in British Columbia

  port in British Columbia includes Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing; (port de la Colombie-Britannique)