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

Assented to 2008-02-28

Bill C-11AN ACT TO AMEND THE CANADA TRANSPORTATION ACT AND THE RAILWAY SAFETY ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

  •  (1) Subsections (2) to (4) apply if Bill C-11, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (referred to in this section as the “other Act”), receives royal assent.

  • (2) On the later of the day on which this Act receives royal assent and the day on which section 7 of the other Act comes into force — or, if those days are the same day, then on that day — section 36.2 of the Canada Transportation Act is amended by adding the following after subsection (1):

    • Marginal note:Establishment of roster

      (1.1) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators or arbitrators.

  • (3) On the later of the day on which this Act receives royal assent and the day on which section 38 of the other Act comes into force — or, if those days are the same day, then on that day — the Canada Transportation Act is amended by adding the following after section 146.01:

    Marginal note:Exception

    146.02 Despite section 146.01, if a railway line or operating interest in a railway line returns to a railway company referred to in that section and, before the day on which the return takes place, an agreement was in force between the person or entity that owned the railway line or had the operating interest in the railway line immediately before the return and a public passenger service provider as defined in section 87 in respect of the operation of a passenger rail service on that railway line, then, unless the public passenger service provider indicates otherwise before that day, the rights and obligations of the person or entity under the agreement in respect of the operation of that service on that line vest, as of that day, in the railway company and the railway company shall resume operations of the railway line.

  • (4) On the later of the day on which this Act receives royal assent and the day on which section 28 of the other Act comes into force — or, if those days are the same day, then on that day — section 160 of the Canada Transportation Act is replaced by the following:

    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.

COORDINATING AMENDMENTS

Marginal note:Bill C-11
  •  (1) Subsections (2) to (4) apply if Bill C-11, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (referred to in this section as the “other Act”), receives royal assent.

  • (2) On the later of the day on which this Act receives royal assent and the day on which section 7 of the other Act comes into force — or, if those days are the same day, then on that day — subsection 36.2(1) of the Canada Transportation Act is replaced by the following:

    Marginal note:Request by all parties
    • 36.2 (1) If sections 36.1 and 169.1 do not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III or IV, or to the application of any rate or charge for the movement of goods by railways or for the provision of incidental services, if requested to do so by all parties to the dispute.

  • (3) If section 5 of this Act comes into force before section 41 of the other Act, section 41 of the other Act is replaced by the following:

    41. Subsection 146.1(1) of the French version of the Act is replaced by the following:

    Marginal note:Indemnisation
    • 146.1 (1) La compagnie de chemin de fer qui cesse d’exploiter un embranchement tributaire du transport du grain mentionné à l’annexe I, ou une partie d’un tel embranchement, passant dans une municipalité fait à celle-ci trois versements annuels à compter de la date où elle avise l’Office en application du paragraphe 146(1). Chaque versement est égal au produit de 10 000 $ et du nombre de milles de l’embranchement ou de la partie d’embranchement situés dans le territoire de la municipalité.

  • (4) If section 5 of this Act comes into force on the same day as section 41 of the other Act, section 41 of the other Act is deemed to have come into force before section 5 of this Act.

 
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