An Act to amend the Canada Transportation Act (railway transportation) (S.C. 2008, c. 5)

Assented to 2008-02-28

An Act to amend the Canada Transportation Act (railway transportation)

S.C. 2008, c. 5

Assented to 2008-02-28

An Act to amend the Canada Transportation Act (railway transportation)

SUMMARY

This enactment amends the Canada Transportation Act with respect to railway transportation.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1996, c. 10CANADA TRANSPORTATION ACT

 Subsection 119(1) of the Act is replaced by the following:

Marginal note:Notice of change of tariff
  • 119. (1) A railway company that proposes to increase a rate in a tariff for the movement of traffic shall publish a notice of the increase at least 30 days before its effective date.

 The Act is amended by adding the following after section 120:

Marginal note:Unreasonable charges or terms
  • 120.1 (1) If, on complaint in writing to the Agency by a shipper who is subject to any charges and associated terms and conditions for the movement of traffic or for the provision of incidental services that are found in a tariff that applies to more than one shipper other than a tariff referred to in subsection 165(3), the Agency finds that the charges or associated terms and conditions are unreasonable, the Agency may, by order, establish new charges or associated terms and conditions.

  • Marginal note:Period of validity

    (2) An order made under subsection (1) remains in effect for the period, not exceeding one year, specified in the order.

  • Marginal note:Factors to be considered

    (3) In deciding whether any charges or associated terms and conditions are unreasonable, the Agency shall take into account the following factors:

    • (a) the objective of the charges or associated terms and conditions;

    • (b) the industry practice in setting the charges or associated terms and conditions;

    • (c) in the case of a complaint relating to the provision of any incidental service, the existence of an effective, adequate and competitive alternative to the provision of that service; and

    • (d) any other factor that the Agency considers relevant.

  • Marginal note:Commercially fair and reasonable

    (4) Any charges or associated terms and conditions established by the Agency shall be commercially fair and reasonable to the shippers who are subject to them as well as to the railway company that issued the tariff containing them.

  • Marginal note:Duty to vary tariff

    (5) The railway company shall, without delay after the Agency establishes any charges or associated terms and conditions, vary its tariff to reflect those charges or associated terms and conditions.

  • Marginal note:No variation

    (6) The railway company shall not vary its tariff with respect to any charges or associated terms and conditions established by the Agency until the period referred to in subsection (2) has expired.

  • Marginal note:Clarification

    (7) For greater certainty, this section does not apply to rates for the movement of traffic.

 The Act is amended by adding the following after section 146:

Marginal note:Obligation following return
  • 146.01 (1) If, by reason of the instrument or act by which a railway line or an operating interest in a railway line is transferred through the process set out in sections 143 to 145 or otherwise, the railway line or operating interest in the railway line returns to the railway company that transferred it, the railway company shall, within 60 days after the day on which the return takes place, resume operations of the line or follow the process set out in sections 143 to 145.

  • Marginal note:No condition or obligation

    (2) If a railway line or operating interest in a railway line returns to a railway company that transferred it and the company decides to follow the process set out in sections 143 to 145 in respect of the railway line or operating interest, the company is not subject to subsection 142(2) in respect of the railway line or operating interest and has no obligations under this Act in respect of the operation of the railway line.

 Section 146.1 of the Act is renumbered as subsection 146.1(1) and is amended by adding the following:

  • Marginal note:Compensation

    (2) If a railway company to which subsection 146.01(1) applies does not resume operations on a grain-dependent branch line listed in Schedule I within the period provided for in that subsection and does not enter into an agreement for the sale, lease or other transfer of that railway line, or applicable interest in that railway line, after following the process set out in sections 143 to 145, the railway company shall, beginning on the day after the last day on which its offer could have been accepted under section 145, make the annual payments referred to in subsection (1).

 The Act is amended by adding the following after section 151:

List of Available Sidings

Marginal note:List of available sidings
  • 151.1 (1) A prescribed railway company shall prepare and keep up to date a list of the sidings that it makes available in the Western Division where railway cars that are allocated by the Canadian Grain Commission under subsection 87(2) of the Canada Grain Act can be loaded.

  • Marginal note:Publication of list

    (2) The railway company shall publish the list on its Internet site.

  • Marginal note:Removal from list

    (3) The railway company may remove a siding from the list only after the expiry of 60 days after the publication of a notice of its intention to do so in a newspaper of general circulation in the area where the siding is located.

 The Act is amended by adding the following after section 169:

Marginal note:Mediation
  • 169.1 (1) The parties to a final offer arbitration may, by agreement, refer to a mediator, which may be the Agency, a matter that has been submitted for a final offer arbitration under section 161.

  • Marginal note:Establishment of roster

    (2) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators in any matter referred to it under subsection (1).

  • Marginal note:Confidentiality of mediation

    (3) All matters relating to the mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.

  • Marginal note:Time limit for completion of mediation

    (4) Unless the parties otherwise agree, the mediation shall be completed within 30 days after the matter is referred for mediation.

  • Marginal note:Effect of mediation on final offer arbitration

    (5) The mediation has the effect of

    • (a) staying the conduct of the final offer arbitration for the period of the mediation; and

    • (b) extending the time within which the arbitrator must make a decision in the matter of the final offer arbitration by the period of the mediation.

  • Marginal note:Mediator not to act in other proceedings

    (6) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

Marginal note:Joint offer of several shippers
  • 169.2 (1) In the case where more than one shipper is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any conditions associated with the movement of goods, those shippers may, if the matter cannot be resolved between them and the carrier, submit the matter jointly to the Agency for a final offer arbitration, in which case sections 161 to 169 apply, with any modifications that the circumstances require.

  • Marginal note:Common matter and application of the offer

    (2) A matter submitted jointly to the Agency for a final offer arbitration shall be common to all the shippers and the shippers shall make a joint offer in respect of the matter, the terms of which apply to all of them.

  • Marginal note:Arbitration precluded in certain cases

    (3) The Agency shall not have any matter submitted to it for a final offer arbitration under subsection (1) arbitrated unless the shippers demonstrate, to the satisfaction of the Agency, that an attempt has been made to mediate the matter.

  • Marginal note:Confidentiality of mediation

    (4) All matters relating to a mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.

  • Marginal note:Mediator not to act in other proceedings

    (5) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

  • Marginal note:Matter submitted by more than one shipper

    (6) In the case of a matter that is submitted jointly under subsection (1),

    • (a) the period referred to in subsection 161.1(1) is 20 days;

    • (b) the arbitrator may, if he or she considers it necessary, extend any of the periods referred to in subsections 163(3) and (4) and paragraph 164.1(a); and

    • (c) the decision of the arbitrator shall, despite paragraph 165(2)(b), be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration is received by the Agency unless the parties agree otherwise.

Marginal note:Time limit — preliminary applications
  • 169.3 (1) Despite sections 162 and 162.1, any application filed with the Agency by a carrier in respect of a matter submitted jointly to the Agency under subsection 169.2(1) shall be filed with the Agency no later than seven days after the day on which the joint submission is made.

  • Marginal note:Service of copy

    (2) A copy of the application shall be served on each of the shippers making the joint submission no later than the day on which the application is required to be filed under subsection (1).

  • Marginal note:Joint answer

    (3) The shippers, no later than five days after the day on which the last shipper was served under subsection (2), shall file with the Agency a joint answer to the application and serve a copy of it on the carrier.

  • Marginal note:Reply

    (4) The carrier, no later than two days after the day on which it was served under subsection (3), shall file with the Agency a reply to the joint answer and serve a copy of it on each of the shippers.

  • Marginal note:Decision of Agency

    (5) The Agency shall issue its decision on the application no later than the day on which the matter is required to be referred to arbitration under subsection 162(1).

  • Marginal note:Deemed conformity

    (6) If no application referred to in subsection (1) is filed within the limit set out in that subsection, the matter submitted jointly is deemed to conform to the requirements of subsection 169.2(2).

 
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