GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 114
Facilities for traffic 114 (1) A railway company shall, according to its powers, afford to all persons and other companies all adequate and suitable accommodation for receiving, carrying and delivering traffic on and from its railway, for the transfer of traffic between its railway and other railways and for the return of rolling stock. Through traffic (2) For the purposes of subsection (1), adequate and suitable accommodation includes reasonable facilities for the receiving, carriage and delivery by the company (a) at the request of any other company, of through traffic and, in the case of goods shipped by carload, of the car with the goods shipped in it, to and from the railway of the other company, at a through rate; and (b) at the request of any person interested in through traffic, of such traffic at through rates. Connecting railway to reasonable facilities (3) Every railway company that has or operates a railway forming part of a continuous line of railway with or that intersects any other railway, or that has any terminus, station or wharf near to any terminus, station or wharf of another railway, shall afford all reasonable facilities for delivering to that other railway, or for receiving from or carrying by its railway, all the traffic arriving by that other railway without any unreasonable delay, so that (a) no obstruction is offered to the public desirous of using those railways as a continuous line of communication; and (b) all reasonable accommodation, by means of the railways of those companies, is at all times afforded to the public for that purpose. Similar facilities for truckers (4) If a railway company provides facilities for the transportation by rail of motor vehicles or trailers operated by any company under its control for the conveyance of goods for hire or reward, (a) the railway company shall offer to all companies operating motor vehicles or trailers for the conveyance of goods for hire or reward similar facilities at the same rates and on the same terms and conditions as those applicable to the motor vehicles or trailers operated by the company under its control; and (b) the Agency may disallow any rate or tariff that is not in compliance with this subsection and direct the company to substitute a rate or tariff that complies with this subsection.
Canada Transportation Act — C-10.4 115
Adequate and suitable accommodation 115 For the purposes of subsection 113(1) or 114(1), adequate and suitable accommodation includes reasonable facilities (a) for the junction of private sidings or private spurs with a railway owned or operated by a company referred to in that subsection; and (b) for receiving, carrying and delivering traffic on and from private sidings or private spurs and placing cars and moving them on and from those private sidings or private spurs.
Canada Transportation Act — C-10.4 116
n for expenses incurred by the shipper as a result of the company’s failure to fulfil its service obligations, order the company to pay that amount to the shipper; (d) if the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company to add to the plan it is required to prepare under subsection 141(1) an indication that it intends to take steps to discontinue operating the line; or (e) if the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company, on the terms and conditions that the Agency considers appropriate, to grant to another railway company the right (i) to run and operate its trains over and on any portion of the line, and (ii) in so far as necessary to provide service to the line, to run and operate its trains over and on any portion of any other portion of the railway of the company against which the order is made but not to solicit traffic on that railway, to take possession of, use or occupy any land belonging to that company and to use the whole or any portion of that company’s right-of-way, tracks, terminals, stations or station grounds. Right of action on default (5) Every person aggrieved by any neglect or refusal of a company to fulfil its service obligations has, subject to this Act, an action for the neglect or refusal against the company. Right of action not limited (5.1) If an arbitrator’s decision made under section 169.37 includes a term with respect to an amount described in paragraph 169.31(1)(c.1), the term does not limit the right to claim an amount of compensation in an action under subsection (5). Company not relieved (6) Subject to the terms of a confidential contract referred to in subsection 113(4) or a tariff that sets out, in accordance with subsection 136.4(1), terms established in a long-haul interswitching order, a company is not relieved from an action taken under subsection (5) by any notice, condition or declaration if the damage claimed in the action arises from any negligence or omission of the company or any of its employees. 1996, c. 10, s. 116; 2000, c. 16, s. 4; 2014, c. 8, s. 5.1; 2018, c. 10, ss. 23, 95
Canada Transportation Act — C-10.4 117
Rates to be charged 117 (1) Subject to section 126, a railway company shall not charge a rate in respect of the movement of traffic or passengers unless the rate is set out in a tariff that has been issued and published in accordance with this Division and is in effect. Tariff to include prescribed information (2) The tariff must include any information that the Agency may prescribe by regulation. Accessibility of tariff (3) The railway company shall make the tariff accessible to the public by publishing it on its Internet site. (4) [Repealed, 2018, c. 10, s. 24] Record of tariff (5) The railway company shall keep a record of the tariff for at least three years after its cancellation. 1996, c. 10, s. 117; 2018, c. 10, s. 24
Canada Transportation Act — C-10.4 118
Freight tariff requested by shipper 118 A railway company shall, at the request of a shipper, issue a tariff in respect of the movement of traffic on its railway.
Canada Transportation Act — C-10.4 119
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. Effect of freight tariff (2) If a railway company issues and publishes a tariff of rates for the movement of traffic in accordance with this Division and Division VI, (a) the rates are the lawful rates of the railway company and, subject to subsection (1), they take effect on the date stated in the tariff; (b) the tariff supersedes any preceding tariff or any portion of it in so far as any rate in the tariff is varied; and (c) a railway company that owns or operates a railway line in respect of which the tariff is issued shall charge the rates in the tariff until they expire or until the tariff is superseded by a new tariff. 1996, c. 10, s. 119; 2008, c. 5, s. 2
Canada Transportation Act — C-10.4 120
Application to vessels 120 The provisions of this Division relating to tariffs, in so far as the Agency considers them applicable, apply to traffic carried by a railway company by water between ports or places in Canada if the company owns, charters, uses, maintains or operates vessels for carrying traffic by water between ports or places in Canada, or is a party to an arrangement for using, maintaining or operating vessels for that purpose.
Canada Transportation Act — C-10.4 120.1
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. Period of validity (2) An order made under subsection (1) remains in effect for the period, not exceeding one year, specified in the order. 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. 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. 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. 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. Clarification (7) For greater certainty, this section does not apply to rates for the movement of traffic. 2008, c. 5, s. 3
Canada Transportation Act — C-10.4 121
Continuous route in Canada 121 (1) If traffic is to move over a continuous route in Canada and portions of it are operated by two or more railway companies, the companies shall, at the request of a shipper intending to move the traffic, (a) agree on a joint tariff for the continuous route and on the apportionment of the rate in the joint tariff; or (b) enter into a confidential contract for the continuous route. Agency may decide if no agreement (2) If the railway companies fail to agree or to enter into a confidential contract, the Agency, on the application of the shipper, may (a) direct the companies, within any time that the Agency may specify, to agree on a joint tariff for the continuous route and an apportionment of the rate that is satisfactory to the Agency; or (b) within ninety days after the application is received by the Agency, (i) determine the route and the rate and apportion the rate among the companies, and (ii) determine the dates, not earlier than the date of receipt by the Agency of the application, when the rate comes into effect and when it must be published. Refund to shipper (3) If the Agency determines a rate under paragraph (2)(b), the companies that operate the route shall pay a shipper who moved traffic over the route an amount equal to the difference, if any, between the rate that was paid by the shipper and the rate determined by the Agency, applicable to all movements of traffic by the shipper over the route from the date on which the application was made to the date on which the determined rate comes into effect.
Canada Transportation Act — C-10.4 122
Publication requirements for joint tariff or rate 122 (1) If a joint tariff or rate is agreed on or determined under section 121, the requirements of this Division for the publication of the tariff or rate apply only to the railway company operating the railway line on which the movement of the traffic originates. Publication of subsection 121(2) tariff or rate (2) A joint tariff or rate agreed on or determined under subsection 121(2) must be published without delay, or within any additional time that the Agency may specify.
Canada Transportation Act — C-10.4 123
Publication of joint tariff — from Canada to or through foreign country 123 If traffic is to move over a continuous route from a point in Canada through a foreign country into Canada, or from a point in Canada to a foreign country, and the continuous route is operated by two or more railway companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the movement of the traffic originates.
Canada Transportation Act — C-10.4 124
Publication of joint tariff — from foreign country to or through Canada 124 If traffic is to move over a continuous route from a point in a foreign country into Canada, or from a foreign country through Canada into a foreign country, and the continuous route is operated by two or more companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the traffic is first moved in Canada.
Canada Transportation Act — C-10.4 125
Continuous carriage not to be prevented 125 (1) No railway company shall, by any combination, contract or agreement, express or implied, or by any other means, prevent traffic from being moved on a continuous route from the point of origin to the point of destination. Break in bulk, etc. (2) A break in bulk, stop or interruption made by a railway company does not prevent the movement of traffic from being treated, for the purposes of sections 121 to 124, as one continuous movement from the point of origin to the point of destination, if the break, stop or interruption was made in good faith for a necessary purpose and without intent to avoid or unnecessarily interrupt the continuous movement or to evade the provisions of this Division. Agency may require information (3) The Agency may direct a railway company operating on a continuous route to inform the Agency of the proportion of the rates that the railway company, or any other company operating on the continuous route, is to receive or has received under a joint tariff or confidential contract applicable to the route.
Canada Transportation Act — C-10.4 127
Application to interswitch traffic between connecting lines 127 (1) If a railway line of one railway company connects with a railway line of another railway company, an application for an interswitching order may be made to the Agency by either company, by a municipal government or by any other interested person. Order (2) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, the Agency may order (a) one of the companies to interswitch the traffic; and (b) the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them. (2.1) [Repealed, 1996, c. 10, s. 127.2] Interswitching limits (3) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, a railway company shall not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate. Extension of interswitching limits (4) On the application of a person referred to in subsection (1), the Agency may deem a point of origin or destination of a movement of traffic in any particular case to be within 30 km of an interchange if the Agency is of the opinion that, in the circumstances, the point of origin or destination is reasonably close to the interchange. (5) [Repealed, 1996, c. 10, s. 127.2] (6) [Repealed, 1996, c. 10, s. 127.2] (7) [Repealed, 1996, c. 10, s. 127.2] 1996, c. 10, s. 127 1996, c. 10, s. 127.2 2018, c. 10, ss. 26, 95 2023, c. 26, s. 443
Canada Transportation Act — C-10.4 127.1
Interswitching rate 127.1 (1) The Agency shall, no later than December 1 of every year, determine the rate per car to be charged for interswitching traffic for the following calendar year. (1.1) [Repealed, 1996, c. 10, s. 127.2] Considerations (2) In determining an interswitching rate, the Agency shall take into consideration (a) any reduction in costs that, in the opinion of the Agency, results from moving a greater number of cars or from transferring several cars at the same time; and (b) any long-term investment needed in the railways. Limit on rate (3) In determining an interswitching rate, the Agency shall consider the average variable costs of all movements of traffic that are subject to the rate and the rate shall not be less than the variable costs of moving the traffic, as determined by the Agency. Publication of method (4) The Agency shall, when it makes its determination under subsection (1), publish the method that it followed for determining the rate. (4.1) [Repealed, 1996, c. 10, s. 127.2] Interswitching rate to be published (5) The Agency shall cause the interswitching rate to be published in the Canada Gazette no later than December 31 before the beginning of the calendar year for which the rate applies. (6) [Repealed, 1996, c. 10, s. 127.2] 1996, c. 10, s. 127.2 2018, c. 10, s. 27 2023, c. 26, s. 444
Canada Transportation Act — C-10.4 128
Regulations 128 (1) The Agency may make regulations (a) prescribing terms and conditions governing the interswitching of traffic, other than terms and conditions relating to safety; and (b) establishing distance zones for the purpose of determining the interswitching rate. (c) [Repealed, 2018, c. 10, s. 28] (1.1) [Repealed, 2014, c. 8, s. 7] (2) and (3) [Repealed, 2018, c. 10, s. 28] Transfer of lines does not affect entitlement (4) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate. Review of interswitching regulations (5) The Agency shall review the regulations when the circumstances warrant and at least once in every five year period after the regulations are made. 1996, c. 10, s. 128; 2014, c. 8, s. 7; 2018, c. 10, s. 28
Canada Transportation Act — C-10.4 128.1
Power to require information 128.1 No later than August 31 of every year, a railway company shall provide to the Agency, in the form and manner specified by the Agency, the information or documents that the Agency considers necessary to exercise its powers or perform its duties or functions under section 127.1. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 130
Conditions 130 (1) Subsection (2) applies if (a) a shipper has access to the lines of only one railway company at the point of origin or destination of the movement of the shipper’s traffic; (b) the railway company referred to in paragraph (a) is not a class 1 rail carrier; and (c) there is a junction between the lines of the railway company referred to in paragraph (a) and the lines of a railway that is operated by a class 1 rail carrier and the shipper has access to only those railway lines at that junction. Deeming (2) For the purposes of sections 129 and 131 to 136.6, (a) the junction referred to in paragraph (1)(c) is deemed to be the point of origin or the point of destination, as the case may be; (b) the junction referred to in paragraph (1)(c) is deemed to be served exclusively by the class 1 rail carrier referred to in that paragraph; and (c) the class 1 rail carrier referred to in paragraph (1)(c) is deemed to be the local carrier. 1996, c. 10, s. 130; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 131
Transferred railway lines 131 For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect the right of a shipper to apply for a long-haul interswitching order. 1996, c. 10, s. 131; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 132
Contents of application 132 The shipper shall, in its application for a long-haul interswitching order, (a) provide an undertaking to the local carrier to move the traffic by rail with the local carrier between the point of origin or destination that is served exclusively by the local carrier and the nearest interchange in Canada with a connecting carrier in accordance with the long-haul interswitching order; and (b) indicate the continuous route that the shipper has chosen for the movement of the shipper’s traffic. 1996, c. 10, s. 132; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 133
Dismissal of application 133 The Agency shall dismiss the application for a long-haul interswitching order if the shipper does not demonstrate, to the Agency’s satisfaction, that an attempt has been made to resolve the matters referred to in the application. 1996, c. 10, s. 133; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 134
Determination by Agency 134 (1) Within 30 business days after receiving the application for a long-haul interswitching order, the Agency shall, by order, determine any of the following matters in respect of which the shipper and the local carrier do not agree: (a) the long-haul interswitching rate that applies in respect of the movement of the shipper’s traffic between the point of origin or destination that is served exclusively by the class 1 rail carrier and the nearest interchange in Canada with a connecting carrier; (b) the continuous route from the point of origin to the point of destination; (c) the nearest interchange in Canada; and (d) the manner in which the local carrier is to fulfil its service obligations in respect of the movement of traffic described in paragraph (a). Maximum portion of traffic (2) The Agency shall not make a long-haul interswitching order if the movement of the shipper’s traffic between the point of origin or destination that is served exclusively by the class 1 rail carrier and the nearest interchange in Canada exceeds the greater of (a) 1 200 km; and (b) 50% of the total number of kilometres over which the traffic is moved by rail in Canada. 1996, c. 10, s. 134; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 135
Long-haul interswitching rate 135 (1) The following rules apply to the determination of the long-haul interswitching rate: (a) for the first 30 km, the rate is to be the interswitching rate; and (b) for the remainder of the distance, the Agency shall determine the rate by having regard to the revenue per tonne kilometre for the movement by the local carrier of comparable traffic in respect of which no long-haul interswitching rate applies. Minimum rate (2) The Agency shall not determine the rate described in paragraph (1)(b) to be less than the average of the revenue per tonne kilometre for the movement by the local carrier of comparable traffic in respect of which no long-haul interswitching rate applies. Factors to consider — comparable traffic (3) For the purpose of paragraph (1)(b), the Agency shall determine what constitutes comparable traffic by having regard to (a) the type of traffic; (b) the distance over which the traffic is moved; (c) the conditions of the movement of the traffic, including whether it is moved as single cars, blocks of cars or unit trains; (d) the type and ownership of the cars used to move the traffic; (e) the handling requirements for the traffic; (f) the volume and frequency of the traffic; (g) any undertaking given by the shipper in respect of the volume of the traffic; (h) any incentives, rebates or any similar reductions in respect of the traffic; and (i) any other factor related to the requirements of the shipper and the local carrier that the Agency considers appropriate. Factors to consider — rate (4) The Agency shall determine the rate described in paragraph (1)(b) by having regard to the factors described in subsection (3), the density of traffic on the lines of the local carrier on which the traffic is to be moved and any long-term investment needed in those lines. 1996, c. 10, s. 135; 2018, c. 10, ss. 29, 95