GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 91
Application for certificate of fitness 91 (1) Any person may apply for a certificate of fitness for a railway, including a person who owns or leases the railway or controls, either directly or indirectly, a person who owns or leases the railway. Application for certain types of operations (2) If a person proposes to operate in Canada primarily on the railway of another railway company, the application must indicate the termini and route of every line of railway proposed to be operated.
Canada Transportation Act — C-10.4 92
Issuance of certificate of fitness 92 (1) The Agency shall issue a certificate of fitness (a) for the proposed operation of a railway that relates to a passenger rail service or for the proposed construction of a railway, if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed operation or construction, as determined in accordance with the regulations; or (b) for the proposed operation of a railway that does not relate to a passenger rail service, if the Agency is satisfied that there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV. Covered risks (1.1) The liability insurance referred to in paragraph (1)(b) must cover the following risks that may arise out of the proposed operation: (a) third-party bodily injury or death, including injury or death to passengers; (b) third-party property damage, excluding damage to goods carried on a shipper’s behalf; (c) risks that are associated with a leak, pollution or contamination; and (d) in the case of a railway accident as defined in section 152.5, the other losses, damages, costs and expenses described in subsection 153(1). Self-insurance (1.2) For the purpose of paragraph (1)(b), the amount of self-insurance must not exceed the maximum amount of self-insurance that the person who will be responsible for the proposed operation can sustain based on that person’s financial capability. Termini and route (2) A certificate of fitness issued pursuant to an application mentioned in subsection 91(2) must specify the termini and route of every railway line to be operated. Regulations made by Agency (3) The Agency may make regulations (a) in respect of the proposed operation of a railway that relates to a passenger rail service or of a proposed construction of a railway, for determining the adequacy of liability insurance coverage, including any self-insurance; and (b) in respect of the proposed operation of a railway that does not relate to a passenger rail service, respecting the provision of information that the Agency requires to determine whether there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV. Regulations made by Governor in Council (4) The Governor in Council may, by regulation, amend Schedule IV by deleting or adding a class of railway operations and an amount of minimum liability insurance coverage or by amending such a class — including by adding or deleting factors that define its scope — or such an amount. 1996, c. 10, s. 92; 2015, c. 31, s. 6
Canada Transportation Act — C-10.4 93
Variation of certificate 93 (1) The Agency may, on application, vary a certificate of fitness (a) to change the termini or route of a line specified in the certificate; (b) to add a line to the certificate; or (c) to reflect a change in railway operations or circumstances relating to those operations. Variation when running rights granted (2) The Agency may vary a certificate of fitness when it (a) makes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate; or (b) grants a right under section 138 to the holder of the certificate. 1996, c. 10, s. 93; 2000, c. 16, s. 3
Canada Transportation Act — C-10.4 93.1
Continuing requirement 93.1 (1) The holder of a certificate of fitness shall maintain at all times, (a) if the certificate was issued under paragraph 92(1)(a), adequate liability insurance coverage, as determined in accordance with the regulations, for the operation or construction of the railway for which the certificate was issued; or (b) if the certificate was issued under paragraph 92(1)(b), the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV, for the operation of the railway for which the certificate was issued. Covered risks (2) The liability insurance referred to in paragraph (1)(b) must cover the risks described in paragraphs 92(1.1)(a) to (d) that may arise out of the operation. Self-insurance (3) For the purpose of paragraph (1)(b), the amount of self-insurance must not exceed the maximum amount of self-insurance that the holder of the certificate of fitness can sustain based on its financial capability. 2015, c. 31, s. 7
Canada Transportation Act — C-10.4 94
Notice of insurance changes 94 The holder of a certificate of fitness shall notify the Agency in writing without delay (a) if the liability insurance coverage is cancelled or altered; or (b) if there are any changes to the construction or operation that may affect the liability insurance coverage. 1996, c. 10, s. 94; 2015, c. 31, s. 7
Canada Transportation Act — C-10.4 94.1
Inquiry 94.1 The Agency may make an inquiry to determine whether a holder of a certificate of fitness complies with section 93.1. 2015, c. 31, s. 7
Canada Transportation Act — C-10.4 94.2
Suspension or cancellation of certificate of fitness 94.2 The Agency shall suspend or cancel a certificate of fitness if it determines that the holder of the certificate has failed to comply with section 93.1. 2015, c. 31, s. 7
Canada Transportation Act — C-10.4 95
Powers 95 (1) Subject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway: (a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway; (b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway; (c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway; (d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and (e) do anything else necessary for the construction or operation of the railway. Minimal damage (2) The railway company shall do as little damage as possible in the exercise of the powers. Restoration (3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness. Compensation (4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.
Canada Transportation Act — C-10.4 95.1
Obligation 95.1 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account (a) its obligations under sections 113 and 114, if applicable; (b) its operational requirements; and (c) the area where the construction or operation takes place. 2007, c. 19, s. 29
Canada Transportation Act — C-10.4 95.2
Guidelines 95.2 (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to (a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and (b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways. Consultations (2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines. Not statutory instruments (3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act . 2007, c. 19, s. 29
Canada Transportation Act — C-10.4 95.3
Complaints and investigations 95.3 (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section. Restriction (2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint. 2007, c. 19, s. 29
Canada Transportation Act — C-10.4 95.4
Public passenger service providers 95.4 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers. 2007, c. 19, s. 29
Canada Transportation Act — C-10.4 96
Land taken pursuant to section 134 of Railway Act 96 (1) Where a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown. Alienation to other persons (2) The land may be transferred to any other person for the purpose of continuing railway operations if (a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or (b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land. Continuing application to subsequent transfers (3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section. Existing rights (4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.
Canada Transportation Act — C-10.4 97
Land obtained for railway purposes 97 (1) Subject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land. Transfer of authority (2) If the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.
Canada Transportation Act — C-10.4 98
No construction without Agency approval 98 (1) A railway company shall not construct a railway line without the approval of the Agency. Grant of approval (2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line. Exception (3) No approval is needed for the construction of a railway line (a) within the right of way of an existing railway line; or (b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.
Canada Transportation Act — C-10.4 99
Filing agreements 99 (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency. Effect of filing (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement. No agreement (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.
Canada Transportation Act — C-10.4 100
Definitions 100 In this section and section 101, road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; ( franchissement routier ) utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; ( franchissement par desserte ) utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. ( desserte )
Canada Transportation Act — C-10.4
road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; ( franchissement routier )
Canada Transportation Act — C-10.4
utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; ( franchissement par desserte )
Canada Transportation Act — C-10.4
utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. ( desserte )
Canada Transportation Act — C-10.4 101
Filing agreements 101 (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency. Effect of filing (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement. No agreement on construction or maintenance (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing. No agreement on apportionment of costs (4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing. Non-application of section (5) This section does not apply in any circumstances where section 102 or 103 applies.
Canada Transportation Act — C-10.4 102
Divided land 102 If an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.
Canada Transportation Act — C-10.4 103
Other crossings may be ordered 103 (1) If a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land. Terms and conditions (2) The Agency may include in its order terms and conditions governing the construction and maintenance of the crossing. Costs of construction and maintenance (3) The owner of the land shall pay the costs of constructing and maintaining the crossing.
Canada Transportation Act — C-10.4 104
Deposit of mortgage, hypothec or security agreement 104 (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify: (a) a mortgage or hypothec issued by a railway company; (b) a security agreement entered into by a railway company; (c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or (d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1. Effect of deposit (2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons. 1996, c. 10, s. 104; 1999, c. 31, s. 38(E); 2007, c. 19, s. 30
Canada Transportation Act — C-10.4 105
Deposit of documents 105 (1) A document, or a copy or summary of a document, evidencing any of the following transactions may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify: (a) a lease, sale, conditional sale, instalment sale, mortgage, hypothec, bailment, leasing, deposit or security agreement relating to rolling stock or any accessories or appurtenances relating to rolling stock; and (b) an amendment, assignment or discharge of a document mentioned in paragraph (a). (2) [Repealed, 2007, c. 19, s. 31] Effect of deposit (3) Once the deposit is made, the document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the document is valid against all persons. (4) [Repealed, 2007, c. 19, s. 31] 1996, c. 10, s. 105; 2007, c. 19, s. 31
Canada Transportation Act — C-10.4 105.1
Regulations 105.1 The Governor in Council may make regulations respecting (a) the depositing of copies of documents under sections 104 and 105; (b) the form and content of summaries to be deposited under those sections; and (c) the effects, in Canada, of the deposit, registration or filing in other countries of documents evidencing any transaction referred to in paragraph 105(1)(a) or of documents evidencing amendments, assignments or discharges of those documents. 2007, c. 19, s. 32
Canada Transportation Act — C-10.4 111
Definitions 111 In this Division, competitive line rate [Repealed, 2018, c. 10, s. 22] confidential contract means a contract entered into under subsection 126(1); ( contrat confidentiel ) connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route; ( transporteur de liaison ) interchange means a place where the line of one railway company connects with the line of another railway company and where loaded or empty cars may be stored until delivered or received by the other railway company; ( lieu de correspondance ) interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company; ( interconnexion ) interswitching rate means a rate determined by the Agency in accordance with section 127.1; ( Version anglaise seulement ) local carrier means a class 1 rail carrier that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the class 1 rail carrier; ( transporteur local ) long-haul interswitching rate means a rate determined by the Agency in accordance with paragraph 134(1)(a); ( Version anglaise seulement ) service obligations means obligations under section 113 or 114. ( Version anglaise seulement ) 1996, c. 10, s. 111; 2018, c. 10, s. 22
Canada Transportation Act — C-10.4
competitive line rate [Repealed, 2018, c. 10, s. 22]
Canada Transportation Act — C-10.4
confidential contract means a contract entered into under subsection 126(1); ( contrat confidentiel )
Canada Transportation Act — C-10.4
connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route; ( transporteur de liaison )
Canada Transportation Act — C-10.4
interchange means a place where the line of one railway company connects with the line of another railway company and where loaded or empty cars may be stored until delivered or received by the other railway company; ( lieu de correspondance )
Canada Transportation Act — C-10.4
interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company; ( interconnexion )
Canada Transportation Act — C-10.4
interswitching rate means a rate determined by the Agency in accordance with section 127.1; ( Version anglaise seulement )
Canada Transportation Act — C-10.4
local carrier means a class 1 rail carrier that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the class 1 rail carrier; ( transporteur local )
Canada Transportation Act — C-10.4
long-haul interswitching rate means a rate determined by the Agency in accordance with paragraph 134(1)(a); ( Version anglaise seulement )
Canada Transportation Act — C-10.4
service obligations means obligations under section 113 or 114. ( Version anglaise seulement )
Canada Transportation Act — C-10.4 112
Commercially fair and reasonable 112 A rate or condition of service established by the Agency under this Division must be commercially fair and reasonable to all parties.
Canada Transportation Act — C-10.4 113
Accommodation for traffic 113 (1) A railway company shall, according to its powers, in respect of a railway owned or operated by it, (a) furnish, at the point of origin, at the point of junction of the railway with another railway, and at all points of stopping established for that purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway; (b) furnish adequate and suitable accommodation for the carriage, unloading and delivering of the traffic; (c) without delay, and with due care and diligence, receive, carry and deliver the traffic; (d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic; and (e) furnish any other service incidental to transportation that is customary or usual in connection with the business of a railway company. Carriage on payment of rates (2) Traffic must be taken, carried to and from, and delivered at the points referred to in paragraph (1)(a) on the payment of the lawfully payable rate. Carriage on payment of levy (2.1) If a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading. Compensation for provision of rolling stock (3) Where a shipper provides rolling stock for the carriage by the railway company of the shipper’s traffic, the company shall, at the request of the shipper, establish specific reasonable compensation to the shipper in a tariff for the provision of the rolling stock. Confidential contract between company and shipper (4) A shipper and a railway company may, by means of a confidential contract or other written agreement, agree on the manner in which the obligations under this section are to be fulfilled by the company. 1996, c. 10, s. 113; 2015, c. 31, s. 8; 2018, c. 10, s. 59(F)