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Transportation Modernization Act (S.C. 2018, c. 10)

Assented to 2018-05-23

1996, c. 10Canada Transportation Act (continued)

Marginal note:Replacement of “paragraph 128(1)(b)”

59 The French version of the Act is amended by replacing “l’alinéa 128(1)b)” with “l’article 127.1” in the following provisions:

  • (a) subsection 113(2.1);

  • (b) subsections 155.7(1) and (2); and

  • (c) paragraph 155.84(1)(c).

  • 59.1 (1) Schedule II to the Act is amended by replacing “Bean (except soybean) derivatives (flour, protein, isolates, fibre)” with “Bean (including soybean) derivatives (flour, protein, isolates, fibre)”.

  • (2) Schedule II to the Act is amended by replacing “Beans (except soybeans), including faba beans, splits and screenings” with “Beans, including soybeans, faba beans, splits and screenings”.

  • (3) Schedule II to the Act is amended by adding, in alphabetical order, “Meal, soybean”, “Meal, oil cake, soybean”, “Oil, soybean” and “Oil cake, soybean”.

1995, c. 24CN Commercialization Act

60 Paragraph 8(1)(a) of the CN Commercialization Act is replaced by the following:

  • (a) provisions imposing constraints on the issue, transfer and ownership, including joint ownership, of voting shares of CN to prevent any one person, together with the associates of that person, from holding, beneficially owning or controlling, directly or indirectly, otherwise than by way of security only, in the aggregate, voting shares to which are attached more than 25% of the votes that may ordinarily be cast to elect directors of CN;

Marginal note:Amendment of articles

  • 60.1 (1) Despite sections 173 to 176 of the Canada Business Corporations Act, CN’s directors may amend its articles in accordance with the amendment set out in section 60.

  • Marginal note:Articles of amendment sent to Director

    (2) When the directors amend the articles under subsection (1), they shall send the articles of amendment to the Director in accordance with section 177 of the Canada Business Corporations Act.

  • Marginal note:Definitions

    (3) The following definitions apply in this section.

    CN

    CN has the same meaning as in subsection 2(1) of the CN Commercialization Act. (CN)

    Director

    Director has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (directeur)

R.S., c. 32 (4th Supp.)Railway Safety Act

61 The Railway Safety Act is amended by adding the following after section 17.3:

Marginal note:Recording instruments

  • 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

    • (a) the railway equipment is fitted with the prescribed recording instruments; and

    • (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.

  • Marginal note:Use or communication

    (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.

  • Marginal note:Prevention of recording, collection or preservation

    (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.

62 The Act is amended by adding the following after section 17.9:

Recording Instruments

Marginal note:Companies — use of information

  • 17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of

  • Marginal note:Information randomly selected

    (2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

  • Marginal note:Use — threat to safety of railway operations

    (3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations.

  • Marginal note:Personal Information Protection and Electronic Documents Act and provincial legislation

    (4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so

    • (a) despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and

    • (b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information.

Marginal note:Minister — use of information

  • 17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

    • (a) developing policies;

    • (b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

    • (c) verifying compliance with section 17.31 and regulations made under section 17.95.

  • Marginal note:Information randomly selected

    (2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

  • Marginal note:Use — threat to safety of railway operations

    (3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations.

Marginal note:Railway safety inspectors — use of information

  • 17.93 (1) A railway safety inspector may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

    • (a) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

    • (b) verifying compliance with section 17.31 and regulations made under section 17.95.

  • Marginal note:Use — threat to safety of railway operations

    (2) If a railway safety inspector uses information under paragraph (1)(a), they may also use that information to address a threat to the safety of railway operations.

Marginal note:Recorded information admissible

  • 17.94 (1) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is admissible in any proceedings for a violation or offence, with respect to the contravention of section 17.31 or the regulations made under section 17.95, against the company that operates the railway equipment.

  • Marginal note:Recorded information not admissible

    (2) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is not admissible in any proceedings for a violation or offence under this Act — other than for a violation or offence with respect to the contravention of subsection 17.31(3) — against an individual who is on board the railway equipment at the time of the recording or an individual who communicates with that individual at that time.

  • Marginal note:Information used under subsections 17.91(3), 17.92(3) and 17.93(2) admissible

    (3) Subject to subsection (2), the information used under subsections 17.91(3), 17.92(3) and 17.93(2) is admissible in any proceedings that may result from that use.

Marginal note:Regulations

  • 17.95 (1) The Governor in Council may make regulations

    • (a) prescribing criteria for the purposes of subsection 17.31(1);

    • (b) respecting the exemption of any company that meets the criteria referred to in paragraph (a) from the application of subsection 17.31(1);

    • (c) respecting the recording instruments with which the railway equipment is to be fitted, including their specifications, installation and maintenance;

    • (d) respecting the information that companies record using those instruments, including the recording of that information, its collection, its preservation, its destruction, its use, its communication — including on request by the Minister — its selection and access to it; and

    • (e) prescribing threats to the safety of railway operations for the purpose of subsection 17.91(3).

  • Marginal note:Application

    (2) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:For greater certainty

17.96 For greater certainty, subject to any use or communication that is expressly authorized under any of sections 17.91 to 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95, the information that a company records, collects or preserves under subsection 17.31(1) and that is an on-board recording, as defined in subsection 28(1) of the Canadian Transportation Accident Investigation and Safety Board Act, remains privileged under subsection 28(2) of that Act.

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