PART IIIRailway Transportation (continued)
DIVISION VI.2Liability and Compensation in Case of Railway Accidents Involving Designated Goods (continued)
Marginal note:Governor in Council
155.97 The Governor in Council may make regulations
(a) designating goods or classes of goods for the purpose of the definition designated good in section 152.5;
(b) setting out defences for the purpose of section 153.1;
(c) respecting traffic or any class of traffic for the purposes of section 155.5 and a levy for the carriage of that traffic or class of traffic, or a manner of calculating the levy;
(d) respecting a period for the purpose of subsection 155.7(1);
(e) respecting the keeping, by railway companies, of information in relation to their carriage of any traffic in respect of which there is a levy under section 155.3 or 155.5, or a levy imposed by an order made under section 155.6, and the filing of that information with the Minister;
(f) [Repealed, 2018, c. 10, s. 44]
(g) generally for carrying out the purposes and provisions of this Division.
- 2015, c. 31, s. 10
- 2018, c. 10, s. 44
Marginal note:Sections 26 and 37
155.98 For the purposes of sections 26 and 37, this Division is deemed not to be a part of an Act of Parliament that is referred to in those sections.
- 2015, c. 31, s. 10
DIVISION VIIOther Matters
Marginal note:Uniform accounting system for CN and CP
156 (1) The Agency may prescribe for the Canadian National Railway Company and the Canadian Pacific Limited a uniform classification and system of accounts of their assets, liabilities, revenues, working expenditures, capitalization, traffic and operating statistics relating to railway operations.
Marginal note:Uniform accounting system for other railway companies
(2) The Agency may prescribe for any other railway company a uniform classification and system as described in subsection (1) or in a condensed form.
Marginal note:Items to be classed
(3) The Agency may prescribe the items to be classed as items relating to railway operations in the accounts.
(4) The Agency may prescribe the classes of property for which depreciation charges may properly be included under operating expenses in the accounts, and the rates of depreciation to be charged with respect to each of the classes of property.
Marginal note:Requirements to keep accounts
(5) A railway company for which a classification and system of accounts is prescribed shall keep its accounts in accordance with the prescribed classification and system.
Determination of Costs
Marginal note:Regulations for determining costs
157 (1) The Agency may make regulations prescribing items and factors that it shall consider in determining costs under this Part, including depreciation and the cost of capital.
Marginal note:Additional considerations
(2) The Agency may also consider
(a) the principles of costing adopted by the Royal Commission on Transportation appointed by the Order in Council dated May 13, 1959 in arriving at the conclusions contained in its report; and
(b) later developments in railway costing methods and techniques and current conditions of railway operations.
Marginal note:Computation of costs of a portion of an undertaking
(3) If the costs of a portion of the railway of a railway company, or one of its operations, are to be computed
(a) for a particular period, the Agency must include in the computation any of the costs of the whole railway, or any other portion of it, that, in the opinion of the Agency, are reasonably attributable to the portion or operation, irrespective of when, in what manner or by whom the costs were incurred; and
(b) in respect of future operations of the company, the costs must be determined in accordance with estimates made on any basis that, in the opinion of the Agency, is reasonable in the circumstances.
Marginal note:Determination final and binding
(4) A determination of costs by the Agency under this Part is final and binding on all interested or affected parties.
Marginal note:Costing information
(5) No later than August 31 of every year, the Canadian National Railway Company and the Canadian Pacific Railway Company shall provide to the Agency, in the form and manner specified by the Agency, all unit costs, output units and other financial, statistical and supporting information for the preceding calendar year that is required for the determination of costs by the Agency under this Part.
- 1996, c. 10, s. 157
- 2018, c. 10, s. 45
Marginal note:Agreements to apply transportation law to provincial railways
157.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting
(a) accident investigations and railway crossings; or
(b) railway noise and vibration, or the regulation of the rates and conditions of service of railway companies, to the extent that those matters are governed by this Act.
(2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.
Marginal note:Functions, duties and powers
(3) The designated body, person or class of persons may perform any function or duty and exercise any powers necessary for the enforcement of the law, to the extent specified in the agreement.
- 1996, c. 10, s. 157.1
- 2003, c. 22, s. 224(E)
- 2007, c. 19, s. 46
- 2012, c. 7, s. 39
Marginal note:Agreements made with provincial authorities
158 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the construction and operation of a railway as well as the rates and conditions of service in the same manner and to the same extent as it may regulate a railway within its jurisdiction.
- 1996, c. 10, s. 158
- 2007, c. 19, s. 47
- 2012, c. 7, s. 40
DIVISION IFinal Offer Arbitration
Marginal note:Application of sections 161 to 169
159 (1) Sections 161 to 169 apply only in respect of matters arising between shippers and carriers that involve
(a) the carriage of goods by air to which Part II applies, other than their carriage internationally;
(b) the carriage of goods by railways to which this Act applies, other than the carriage of goods in trailers or containers on flat cars unless the containers arrive by water at a port in Canada, served by only one railway company, for further movement by rail or arrive by rail at such a port in Canada for further movement by water; or
(c) the carriage by water, for hire or reward, of goods required for the maintenance or development of a municipality or any permanent settlement for northern marine resupply purposes, other than goods required in relation to national defence or in relation to the exploration for or the development, extraction or processing of oil, gas or any mineral.
Marginal note:Scope of paragraph (1)(c)
(2) Paragraph (1)(c) applies only to resupply services on
(a) the rivers, streams, lakes and other waters within the watershed of the Mackenzie River;
(b) the territorial sea and internal waters of Canada that are adjacent to the coast of the mainland and islands of the Canadian Arctic and situated within the area bounded by the meridians of longitude 95° West and 141° West and the parallels of latitude 66° 00′30″ North and 74°00′20″ North; and
(c) the internal waters of Canada comprised in Spence Bay and Shepherd Bay and situated east of the meridian of longitude 95° West.
(3) Paragraph (1)(c) applies only if
(a) the total register tonnage of all ships used to provide the resupply service exceeds fifty register tons; or
(b) the resupply service originates from a point situated on the waters described in subsection (2).
Marginal note:Rail passenger services
160 Sections 161 to 169 also apply, with any modifications that the circumstances require, in respect of the rates charged or proposed to be charged by, and in respect of any of the conditions associated with the provision of services by, a railway company to any other railway company engaged in passenger rail services, except a public passenger service provider as defined in section 87.
- 1996, c. 10, s. 160
- 2008, c. 5, s. 8
Marginal note:Submission for final offer arbitration
161 (1) A shipper who is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any of the conditions associated with the movement of goods, may, if the matter cannot be resolved between the shipper and the carrier, submit the matter in writing to the Agency for a final offer arbitration to be conducted by one arbitrator or, if the shipper and the carrier agree, by a panel of three arbitrators.
Marginal note:Contents of submission
(2) A copy of a submission under subsection (1) shall be served on the carrier by the shipper and the submission shall contain
(a) the final offer of the shipper to the carrier in the matter, excluding any dollar amounts;
(b) the period requested by the shipper, not exceeding two years, for which the decision of the arbitrator is to apply;
(c) an undertaking by the shipper to ship the goods to which the arbitration relates in accordance with the decision of the arbitrator;
(d) an undertaking by the shipper to the Agency whereby the shipper agrees to pay to the arbitrator the fee for which the shipper is liable under section 166 as a party to the arbitration; and
(e) the name of the arbitrator, if any, that the shipper and the carrier agreed should conduct the arbitration or, if they agreed that the arbitration should be conducted by a panel of three arbitrators, the name of an arbitrator chosen by the shipper and the name of an arbitrator chosen by the carrier.
Marginal note:Arbitration precluded in certain cases
(3) The Agency shall not have any matter submitted to it by a shipper under subsection (1) arbitrated if the shipper has not, at least five days before making the submission, served on the carrier a written notice indicating that the shipper intends to submit the matter to the Agency for a final offer arbitration.
Marginal note:Final offer arbitration not a proceeding
(4) A final offer arbitration is not a proceeding before the Agency.
- 1996, c. 10, s. 161
- 2000, c. 16, s. 11
- 2018, c. 10, s. 46
Marginal note:Submission of final offers
161.1 (1) Within 10 days after a submission is served under subsection 161(2), the shipper and the carrier shall submit to the Agency their final offers, including dollar amounts.
Marginal note:Copies to the parties
(2) Without delay after final offers are submitted under subsection (1) by both the shipper and the carrier, the Agency shall provide the shipper and the carrier with copies of each other’s final offer.
Marginal note:If no final offer from a party
(3) If one party does not submit a final offer in accordance with subsection (1), the final offer submitted by the other party is deemed to be the final offer selected by the arbitrator under subsection 165(1).
- 2000, c. 16, s. 12
162 (1) Notwithstanding any application filed with the Agency by a carrier in respect of a matter, within five days after final offers are received under subsection 161.1(1), the Agency shall refer the matter for arbitration
(a) if the parties did not agree that the arbitration should be conducted by a panel of three arbitrators, to the arbitrator, if any, named under paragraph 161(2)(e) or, if that arbitrator is not, in the opinion of the Agency, available to conduct the arbitration or no arbitrator is named, to an arbitrator on the list of arbitrators referred to in section 169 who the Agency chooses and determines is appropriate and available to conduct the arbitration; and
(b) if the parties agreed that the arbitration should be conducted by a panel of three arbitrators,
(i) to the arbitrators named by the parties under paragraph 161(2)(e) and to any arbitrator who those arbitrators have, within 10 days after the submission was served under subsection 161(2), notified the Agency that they have agreed on, or if those arbitrators did not so notify the Agency, to an arbitrator on the list of arbitrators referred to in section 169 who the Agency chooses and determines is appropriate and available to conduct the arbitration, or
(ii) if an arbitrator referred to in subparagraph (i) is not, in the opinion of the Agency, available to conduct the arbitration, to the arbitrators named in that subparagraph who are available and to an arbitrator chosen by the Agency from the list of arbitrators referred to in section 169 who the Agency determines is appropriate and available to conduct the arbitration.
(1.1) If a matter was referred to a panel of arbitrators, every reference in subsections (1.2) and (2) and sections 163 to 169 to an arbitrator or the arbitrator shall be construed as a reference to a panel of arbitrators or the panel of arbitrators, as the case may be.
Marginal note:Delay in referral
(1.2) If the shipper consents to an application referred to in subsection (1) being heard before the matter is referred to an arbitrator, the Agency shall defer referring the matter until the application is dealt with.
Marginal note:Assistance by Agency
(2) The Agency may, at the request of the arbitrator, provide administrative, technical and legal assistance to the arbitrator on a cost recovery basis.
- 1996, c. 10, s. 162
- 2000, c. 16, s. 13
Marginal note:Decision or order affecting a matter being arbitrated
162.1 The Agency may, in addition to any other decision or order it may make, order that an arbitration be discontinued, that it be continued subject to the terms and conditions that the Agency may fix or that the decision of the arbitrator be set aside if
(a) the Agency makes a decision or an order arising out of an application that is in respect of a matter submitted to the Agency for a final offer arbitration and that is filed by a carrier before the matter is referred to arbitration; and
(b) the decision or order affects the arbitration.
- 2000, c. 16, s. 14
163 (1) In the absence of an agreement by the arbitrator and the parties as to the procedure to be followed, a final offer arbitration shall be governed by the rules of procedure made by the Agency.
Marginal note:Procedure generally
(2) The arbitrator shall conduct the arbitration proceedings as expeditiously as possible and, subject to the procedure referred to in subsection (1), in the manner the arbitrator considers appropriate having regard to the circumstances of the matter.
Marginal note:Exchange of information
(3) Within fifteen days after the Agency refers a matter for arbitration, the parties shall exchange the information that they intend to submit to the arbitrator in support of their final offers.
(4) Within seven days after receipt of the information referred to in subsection (3), each party may direct interrogatories to the other, which shall be answered within fifteen days after their receipt.
Marginal note:Withholding of information
(5) If a party unreasonably withholds information that the arbitrator subsequently deems to be relevant, that withholding shall be taken into account by the arbitrator in making a decision.
- Date modified: