GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 155.7
Obligation to pay 155.7 (1) Every railway company that is the first to carry, at a rate other than an interswitching rate, traffic in respect of which there is a levy under section 155.3 or 155.5 after the traffic has been loaded — and every railway company that is directed by an order made under section 155.6 to pay a levy — shall pay to the Receiver General an amount equal to the amount of the levy, applicable to the traffic carried by it, or that is required to be paid under the order, as the case may be, (a) within 30 days after the expiry of the calendar quarter in which the levy became due; or (b) if a regulation made under paragraph 155.97(d) is in force, before the expiry of the period specified in or determined under that regulation. When levy is due — sections 155.3 and 155.5 (2) A levy under section 155.3 or 155.5 becomes due on the first day on which the traffic is carried, at a rate other than an interswitching rate, by the railway company that is the first to carry the traffic after it has been loaded. When levy is due — section 155.6 (3) A levy imposed by an order made under section 155.6 becomes due on the day provided for in the order. Meaning of calendar quarter (4) In this section, calendar quarter means a three-month period that begins on the first day of January, April, July or October. 2015, c. 31, s. 10; 2018, c. 10, s. 59(F)
Canada Transportation Act — C-10.4 155.8
Interest on unpaid amounts 155.8 (1) If any portion of a levy is not paid by a railway company as required by subsection 155.7(1), the company shall pay to the Receiver General interest on that portion — calculated and compounded monthly at the rate of interest determined under the regulations made under section 155.1 of the Financial Administration Act — beginning on the day on which the payment was required to be made and ending on the day before the day on which the payment is received by the Receiver General. Partial payment (2) If a partial payment is made, the period for which interest is payable in respect of the amount paid ends on the day before the day on which the partial payment is received by the Receiver General. 2015, c. 31, s. 10; 2018, c. 10, s. 43
Canada Transportation Act — C-10.4 155.81
Debt due to Her Majesty 155.81 All amounts payable under subsection 155.7(1) and section 155.8 are debts due to Her Majesty in right of Canada and are recoverable in any court of competent jurisdiction from the railway company that is required to pay them. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.82
Power to require information 155.82 The Minister may direct that a railway company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Division. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.83
Discontinuation and reimposition 155.83 (1) The Minister may, by order, discontinue the application of subsections 113(2.1) and 155.7(1) in respect of the carriage of any traffic — indefinitely or until a time specified in the order — or, by order, reimpose the application of those subsections in respect of the carriage of that traffic if it has been discontinued indefinitely. Annual adjustment of levy unaffected (2) The making of an order under subsection (1) does not affect the operation of section 155.4 in respect of any levy. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.84
Records and books of account 155.84 (1) Every railway company that is required to pay an amount under subsection 155.7(1) shall keep at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, records and books of account that set out (a) the amount that is payable by the railway company under that subsection; (b) the type and quantity of the traffic in respect of which that amount is payable; (c) if the traffic to which that amount relates is traffic in respect of which there is a levy under section 155.3 or 155.5, the day on which the traffic was first carried, at a rate other than an interswitching rate, by the railway company after it was loaded and the place from which it was first carried by it after the loading; and (d) if the traffic to which that amount relates is traffic in respect of which there is a levy imposed by an order made under section 155.6, the day on which the traffic was carried by the railway company, the place from which it was carried and the place to which it was carried. Disposal of records (2) Every railway company that is required by subsection (1) to keep records and books of account shall, unless otherwise authorized by the Minister, retain those records and books of account, and every account or voucher that is necessary to verify the information contained in them, until the expiry of six years after the end of the year to which the records or books of account relate. Examination of records (3) Every railway company that is required by subsection (1) to keep records and books of account shall, at all reasonable times, make the records and books of account, and every account or voucher that is necessary to verify the information contained in them, available to any person designated under subsection 155.85(1) and give that person every facility that is necessary to examine them. 2015, c. 31, s. 10; 2018, c. 10, s. 59(F)
Canada Transportation Act — C-10.4 155.85
Designation 155.85 (1) The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of subsection 155.7(1) or section 155.84. Certificate of designation (2) Every person who is designated under subsection (1) is to be provided with a certificate of their designation that must be produced, on request, to the owner, occupier or person in charge of any place referred to in subsection 155.86(1) when the designated person enters the place. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.86
Inspection 155.86 (1) A person who is designated under subsection 155.85(1) may, for a purpose related to verifying compliance with subsection 155.7(1) or section 155.84, enter any place in which they have reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to amounts payable under subsection 155.7(1). Powers on entry (2) The designated person may, for the purpose referred to in subsection (1), (a) examine anything in the place, including any document; (b) use any means of communication in the place, or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it, or reproduce the data, or cause it to be reproduced, in the form of a printout or other intelligible output and remove any printout or output for examination or copying; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place, or cause it to be used; (f) take photographs or make recordings or sketches of anything in the place; (g) prohibit or limit access to all or part of the place or to anything in the place; and (h) remove anything from the place for the purpose of examination. Persons accompanying designated person (3) The designated person may be accompanied by any person who they believe is necessary to help them exercise their powers or perform their duties or functions under this section. Assistance (4) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties or functions under this section and shall provide any documents or information, and access to any data, that is reasonably required. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.87
Warrant to enter dwelling-house 155.87 (1) If the place referred to in subsection 155.86(1) is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 155.86(1); (b) entry to the dwelling-house is necessary for the purpose of that subsection; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.88
Report to Minister 155.88 On the conclusion of an inspection, the designated person shall provide a written report of their findings to the Minister. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.89
Return of documents 155.89 (1) A document that is removed under paragraph 155.86(2)(h) must be returned to the person from whose custody it is taken within 21 days after it is taken or within any longer period that is directed by a judge of a superior court or agreed to by a person who is entitled to its return. Notice of application for extension of time (2) An application to a judge for a direction under subsection (1) may only be made on notice to the person from whose custody the document is removed. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.9
Copies of documents 155.9 A document purporting to be certified by the Minister to be a copy of a document made under subsection 155.86(2) is admissible in evidence in any prosecution for an offence in respect of a contravention of a provision of this Division or of a regulation made under this Division — or in respect of a contravention of an order made under this Division — and, in the absence of evidence to the contrary, is proof of its contents. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.91
False information, etc. 155.91 (1) No person shall knowingly make any false or misleading statement, or knowingly provide false or misleading information, either orally or in writing, to a person who is exercising powers or performing duties or functions under section 155.86. Obstruction (2) No person shall knowingly obstruct or hinder a person who is exercising powers or performing duties or functions under section 155.86. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.92
Books of account and systems 155.92 (1) The Administrator shall cause (a) records and books of account to be kept in relation to the Fund; and (b) control and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Fund. Administrator’s responsibility (2) The Administrator shall keep or maintain, as the case may be, the records, books, systems and practices in a manner that provides reasonable assurance that (a) the Administrator’s and Deputy Administrator’s powers, duties and functions under this Division are exercised and performed effectively and in accordance with this Division; (b) the assets used by them are safeguarded and controlled; and (c) the financial, human and physical resources used by them are managed economically and efficiently. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.93
Annual report 155.93 (1) The Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister may direct, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it. Form and content (2) The annual report must include (a) a statement of the amounts charged and credited to the Fund during the fiscal year; (b) a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division; (c) a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year; (d) the auditor’s report with respect to the statements referred to in paragraphs (a) to (c); and (e) the costs of preparing the auditor’s report. Definition of fiscal year (3) In this section, fiscal year means the period that begins on April 1 in one calendar year and that ends on March 31 in the next calendar year. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.94
Special examination 155.94 (1) The Administrator shall cause a special examination to be carried out in respect of the systems and practices referred to in paragraph 155.92(1)(b) to determine if they were, in the period under examination, maintained in a manner that provided reasonable assurance that the assets referred to in paragraph 155.92(2)(b) were safeguarded and controlled and that the resources referred to in paragraph 155.92(2)(c) were managed economically and efficiently. Time for examination (2) A special examination must be carried out at least once every five years by the Administrator and at any other time that the Governor in Council or Minister may require. Examiner (3) The Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment. Conflict of interest (4) The examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 155.95. Plan (5) Before an examiner begins a special examination, they shall survey the systems and practices to be examined and submit to the Minister and the Administrator a plan for the examination, including a statement of the criteria to be applied in the examination. Resolution of disagreements (6) Any disagreement between the examiner and the Administrator with respect to the plan is to be resolved by the Minister. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.95
Report 155.95 (1) On the conclusion of a special examination, the examiner shall provide a written report of their findings to the Minister and the Administrator. Contents (2) The examiner’s report must include (a) a statement as to whether, in their opinion, with respect to the criteria established under subsection 155.94(5), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and (b) a statement of the extent to which they relied on internal audits. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.96
Right to information 155.96 (1) If the examiner considers it necessary to enable them to prepare a report as required by this Division, they may direct that the present or any former Administrator or Deputy Administrator — or any present or former employee or agent or mandatary of the present or any former Administrator or Deputy Administrator — provide, to the extent that that person is reasonably able to do so, the examiner with (a) information and explanations; and (b) access to any records, books of account, accounts, vouchers and other documents related to the Fund. Administrator’s responsibilities (2) At the examiner’s request, the Administrator shall (a) provide any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that the Administrator is reasonably able to provide; and (b) obtain from any former Administrator or the present or any former Deputy Administrator — or from any present or any former employee or agent or mandatary of the present or former Administrator or Deputy Administrator — any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that any of those persons are reasonably able to provide, and then provide the examiner with the information and explanations so obtained. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.97
Governor in Council 155.97 The Governor in Council may make regulations (a) designating goods or classes of goods for the purpose of the definition designated good in section 152.5; (b) setting out defences for the purpose of section 153.1; (c) respecting traffic or any class of traffic for the purposes of section 155.5 and a levy for the carriage of that traffic or class of traffic, or a manner of calculating the levy; (d) respecting a period for the purpose of subsection 155.7(1); (e) respecting the keeping, by railway companies, of information in relation to their carriage of any traffic in respect of which there is a levy under section 155.3 or 155.5, or a levy imposed by an order made under section 155.6, and the filing of that information with the Minister; (f) [Repealed, 2018, c. 10, s. 44] (g) generally for carrying out the purposes and provisions of this Division. 2015, c. 31, s. 10; 2018, c. 10, s. 44
Canada Transportation Act — C-10.4 155.98
Sections 26 and 37 155.98 For the purposes of sections 26 and 37, this Division is deemed not to be a part of an Act of Parliament that is referred to in those sections. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 156
Uniform accounting system for CN and CP 156 (1) The Agency may prescribe for the Canadian National Railway Company and the Canadian Pacific Limited a uniform classification and system of accounts of their assets, liabilities, revenues, working expenditures, capitalization, traffic and operating statistics relating to railway operations. Uniform accounting system for other railway companies (2) The Agency may prescribe for any other railway company a uniform classification and system as described in subsection (1) or in a condensed form. Items to be classed (3) The Agency may prescribe the items to be classed as items relating to railway operations in the accounts. Depreciation (4) The Agency may prescribe the classes of property for which depreciation charges may properly be included under operating expenses in the accounts, and the rates of depreciation to be charged with respect to each of the classes of property. Requirements to keep accounts (5) A railway company for which a classification and system of accounts is prescribed shall keep its accounts in accordance with the prescribed classification and system.
Canada Transportation Act — C-10.4 157
Regulations for determining costs 157 (1) The Agency may make regulations prescribing items and factors that it shall consider in determining costs under this Part, including depreciation and the cost of capital. Additional considerations (2) The Agency may also consider (a) the principles of costing adopted by the Royal Commission on Transportation appointed by the Order in Council dated May 13, 1959 in arriving at the conclusions contained in its report; and (b) later developments in railway costing methods and techniques and current conditions of railway operations. Computation of costs of a portion of an undertaking (3) If the costs of a portion of the railway of a railway company, or one of its operations, are to be computed (a) for a particular period, the Agency must include in the computation any of the costs of the whole railway, or any other portion of it, that, in the opinion of the Agency, are reasonably attributable to the portion or operation, irrespective of when, in what manner or by whom the costs were incurred; and (b) in respect of future operations of the company, the costs must be determined in accordance with estimates made on any basis that, in the opinion of the Agency, is reasonable in the circumstances. Determination final and binding (4) A determination of costs by the Agency under this Part is final and binding on all interested or affected parties. Costing information (5) No later than August 31 of every year, the Canadian National Railway Company and the Canadian Pacific Railway Company shall provide to the Agency, in the form and manner specified by the Agency, all unit costs, output units and other financial, statistical and supporting information for the preceding calendar year that is required for the determination of costs by the Agency under this Part. 1996, c. 10, s. 157; 2018, c. 10, s. 45
Canada Transportation Act — C-10.4 157.1
Agreements to apply transportation law to provincial railways 157.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting (a) accident investigations and railway crossings; or (b) railway noise and vibration, or the regulation of the rates and conditions of service of railway companies, to the extent that those matters are governed by this Act. Designation (2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement. Functions, duties and powers (3) The designated body, person or class of persons may perform any function or duty and exercise any powers necessary for the enforcement of the law, to the extent specified in the agreement. 1996, c. 10, s. 157.1; 2003, c. 22, s. 224(E); 2007, c. 19, s. 46; 2012, c. 7, s. 39
Canada Transportation Act — C-10.4 158
Agreements made with provincial authorities 158 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the construction and operation of a railway as well as the rates and conditions of service in the same manner and to the same extent as it may regulate a railway within its jurisdiction. 1996, c. 10, s. 158; 2007, c. 19, s. 47; 2012, c. 7, s. 40
Canada Transportation Act — C-10.4 159
Application of sections 161 to 169 159 (1) Sections 161 to 169 apply only in respect of matters arising between shippers and carriers that involve (a) the carriage of goods by air to which Part II applies, other than their carriage internationally; (b) the carriage of goods by railways to which this Act applies, other than the carriage of goods in trailers or containers on flat cars unless the containers arrive by water at a port in Canada, served by only one railway company, for further movement by rail or arrive by rail at such a port in Canada for further movement by water; or (c) the carriage by water, for hire or reward, of goods required for the maintenance or development of a municipality or any permanent settlement for northern marine resupply purposes, other than goods required in relation to national defence or in relation to the exploration for or the development, extraction or processing of oil, gas or any mineral. Scope of paragraph (1)(c) (2) Paragraph (1)(c) applies only to resupply services on (a) the rivers, streams, lakes and other waters within the watershed of the Mackenzie River; (b) the territorial sea and internal waters of Canada that are adjacent to the coast of the mainland and islands of the Canadian Arctic and situated within the area bounded by the meridians of longitude 95° West and 141° West and the parallels of latitude 66° 00′30″ North and 74°00′20″ North; and (c) the internal waters of Canada comprised in Spence Bay and Shepherd Bay and situated east of the meridian of longitude 95° West. Application (3) Paragraph (1)(c) applies only if (a) the total register tonnage of all ships used to provide the resupply service exceeds fifty register tons; or (b) the resupply service originates from a point situated on the waters described in subsection (2).