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An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (S.C. 2007, c. 19)

Assented to 2007-06-22

1996, c. 10CANADA TRANSPORTATION ACT

R.S., c. 32 (4th Supp.)RAILWAY SAFETY ACT

Marginal note:2002, c. 8, s. 168

53. Subsection 34(1) of the Railway Safety Act is replaced by the following:

Marginal note:Enforcement through court

  • 34. (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court.

54. The Act is amended by adding the following after section 43:

PART IV.1POLICE CONSTABLES

Marginal note:Appointment

  • 44. (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

  • Marginal note:Limitation

    (2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

  • Marginal note:Jurisdiction

    (3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

  • Marginal note:Power to take persons before a court

    (4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

  • Marginal note:Court’s jurisdiction

    (5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

  • Marginal note:Dismissal or discharge of police constable

    (6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.

Marginal note:Procedures for dealing with complaints

  • 44.1 (1) If one or more police constables are appointed with respect to a railway company, the railway company must

    • (a) establish procedures for dealing with complaints concerning police constables;

    • (b) designate one or more persons to be responsible for implementing the procedures; and

    • (c) designate one or more persons to receive and deal with the complaints.

  • Marginal note:Procedures to be filed with Minister

    (2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

TRANSITIONAL PROVISIONS

Marginal note:Agreements entered into prior to the coming into force of section 44

  • 55. (1) Section 152.1 of the Canada Transportation Act, as enacted by section 44 of this Act, does not apply in respect of agreements entered into before the day on which section 44 of this Act comes into force.

  • Marginal note:Exception

    (2) Despite subsection (1), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which section 44 of this Act comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Canada Transportation Act, as enacted by section 44 of this Act, applies, with any modifications that are necessary, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the Agency’s decision and the provisions of the agreement, the Agency’s decision prevails to the extent of the inconsistency.

Marginal note:Members continued

  • 56. (1) Despite sections 3 to 5 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms.

  • Marginal note:Temporary limitation on appointment of new members

    (2) Despite section 3 of this Act, the Governor in Council may not appoint or reappoint members of the Canadian Transportation Agency under subsection 7(2) or subsection 8(2), respectively, of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three.

  • Marginal note:Exception for appointment of Chairperson and Vice-Chair­person

    (3) Despite subsection (2) and section 3 of this Act, the Governor in Council may appoint or reappoint members of the Canadian Transportation Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act.

Marginal note:Adjustment to the volume-related composite price index

57. Despite subsection 151(5) of the Canada Transportation Act, the Canadian Transportation Agency shall, once only, on request of the Minister of Transport and on the date set by the Agency, adjust the volume-related composite price index to reflect costs incurred by the prescribed railway companies, as defined in section 147 of that Act, for the maintenance of hopper cars used for the movement of grain, as defined in section 147 of that Act.

Marginal note:Police constables appointed under section 158 of the Canada Transportation Act

58. Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by section 54 of this Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. 35 (4th Supp.)Air Canada Public Participation Act

Marginal note:2000, c. 15, s. 19

  • 59. (1) Subsections 10.1(1) and (2) of the Air Canada Public Participation Act are replaced by the following:

    Marginal note:Deemed approval

    • 10.1 (1) The proposed acquisition described in a letter dated December 21, 1999 from 853350 Alberta Ltd. and Air Canada to the Minister of Transport is deemed to be a transaction that has been approved by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act on the day on which that subsection comes into force.

    • Marginal note:Deemed terms and conditions

      (2) The undertakings provided by 853350 Alberta Ltd. and Air Canada to the Minister of Transport in the letter referred to in subsection (1) are deemed to be terms and conditions specified in an approval by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act that relate to national transportation concerns, and the undertakings provided by 853350 Alberta Ltd. and Air Canada to the Commissioner of Competition that are set out in Annex A to a letter from the Commissioner dated December 21, 1999 in respect of the acquisition referred to in that subsection are deemed to be terms and conditions of an approval under subsection 53.2(7) of the Canada Transportation Act that relate to potential prevention or lessening of competition.

  • Marginal note:2000, c. 15, s. 19

    (2) The portion of subsection 10.1(4) of the French version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Cessation d’effet des engagements

      (4) Le gouverneur en conseil peut, par décret, déclarer que la société 853350 Alberta Ltd. et Air Canada ne sont pas assujetties aux conditions mentionnées au paragraphe (2) si les engagements cessent d’avoir effet et ne reprennent pas effet dans les circonstances prévues :

R.S., c. L-2Canada Labour Code

Marginal note:1998, c. 10, s. 182

60. The definition “private constable” in subsection 3(1) of the Canada Labour Code is replaced by the following:

“private constable”

« agent de police privé »

“private constable” means a person appointed as a police constable under Part IV.1 of the Railway Safety Act;

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act

Marginal note:2000, c. 15, s. 12

61. Subsections 29.1(3) to (5) of the Competition Act are replaced by the following:

  • Marginal note:Contents of request

    (3) Requests under this section must be in writing and must

    • (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and

    • (b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 of the Canada Transportation Act and identify the transaction being considered under that section.

  • Marginal note:Restriction

    (4) The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2, 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 of that Act.

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