Canada Transportation Act

Marginal note:Certificate required

• 90 (1) No person shall

  • (a) construct a railway without being the holder of a certificate of fitness that is issued under paragraph 92(1)(a); or

  • (b) operate a railway without being the holder of a certificate of fitness that is

    • (i) issued under paragraph 92(1)(a) for the portion of the operation that relates to a passenger rail service, or

    • (ii) issued under paragraph 92(1)(b) for the portion of the operation that does not relate to a passenger rail service.

• Marginal note:Exception — purchaser of railway

  (2) Subsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchased

  • (a) under a trust deed or mortgage;

  • (b) at the instance of the holders of a mortgage, bond or debenture for the payment of which a charge has been created on the railway or portion; or

  • (c) under any other lawful proceeding.