GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 146.02
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. 2008, c. 5, s. 8
Canada Transportation Act — C-10.4 146.1
Compensation 146.1 (1) A railway company that discontinues operating a grain-dependent branch line listed in Schedule I, or a portion of one, that is in a municipality or district shall, commencing on the date on which notice was provided under subsection 146(1), make three annual payments to the municipality or district in the amount equal to $10,000 for each mile of the line or portion in the municipality or district. Compensation (2) If a railway company to which subsection 146.01(1) applies does not resume operations on a grain-dependent branch line listed in Schedule I within the period provided for in that subsection and does not enter into an agreement for the sale, lease or other transfer of that railway line, or applicable interest in that railway line, after following the process set out in sections 143 to 145, the railway company shall, beginning on the day after the last day on which its offer could have been accepted under section 145, make the annual payments referred to in subsection (1). 2000, c. 16, s. 8; 2007, c. 19, s. 41(F); 2008, c. 5, s. 5
Canada Transportation Act — C-10.4 146.3
Determination of net salvage value before expiry of time to accept offer 146.3 (1) A person to whom a railway line is offered under section 145, or to whom a siding or spur is offered under section 146.2, may apply to the Agency for a determination of the net salvage value of the railway line, siding or spur, as the case may be, at any time before the expiry of the period available to the person to accept the offer. Notification of application (2) The applicant shall without delay provide a copy of the application to the railway company, and the railway company shall without delay notify every other person to whom the offer was made and whose time to accept the offer has not expired that an application for a determination of the net salvage value was made. Effect of application (3) If an application is made under subsection (1), the time available to the applicant to accept the offer expires on the day that is 30 days after the day the Agency notifies the applicant of its determination of the net salvage value and the 30-day period for each other person to accept the offer is calculated on the expiry of the period available to the applicant to accept the offer. Costs (4) The applicant shall reimburse the Agency’s costs associated with the application. 2007, c. 19, s. 42
Canada Transportation Act — C-10.4 146.4
Railway rights of way 146.4 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to railway rights-of-way, that are located in metropolitan areas or within the territory served by any urban transit authority and in respect of which the sidings and spurs have been dismantled, that a railway company plans to sell, lease or otherwise transfer. 2007, c. 19, s. 42
Canada Transportation Act — C-10.4 146.5
Passenger railway stations 146.5 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to passenger railway stations in Canada that a railway company plans to sell, lease or otherwise transfer or dismantle. 2007, c. 19, s. 42
Canada Transportation Act — C-10.4 146.6
Complaints 146.6 If, after receiving a complaint, the Agency finds that a railway company is not complying with this Division, the Agency may order it to take any measures that the Agency considers appropriate to comply with this Division. 2018, c. 10, s. 38
Canada Transportation Act — C-10.4 147
Definitions 147 In this Division, crop year means the period beginning on August 1 in any year and ending on July 31 in the next year; ( campagne agricole ) export , in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001 , to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country; ( exportation ) government hopper car [Repealed, 2018, c. 10, s. 39] grain means (a) any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, or (b) any grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada; ( grain ) joint line movement [Repealed, 2000, c. 16, s. 9] maximum rate scale [Repealed, 2000, c. 16, s. 9] movement , in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, to (a) Thunder Bay or Armstrong, Ontario, (b) Churchill, Manitoba for export, (c) a port in British Columbia for export, other than export to the United States for consumption in that country, or (d) a point west of Thunder Bay or Armstrong, Ontario, if the grain is to be carried to a port in British Columbia for export, other than export to the United States for consumption in that country; ( mouvement du grain ) port in British Columbia includes Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing; ( port de la Colombie-Britannique ) prescribed railway company means the Canadian National Railway Company, the Canadian Pacific Railway Company and any railway company that may be specified in the regulations; ( compagnie de chemin de fer régie ) Western Division means the part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba. ( région de l’Ouest ) 1996, c. 10, s. 147; 2000, c. 16, s. 9; 2001, c. 26, s. 282; 2005, c. 24, s. 3; 2011, c. 25, s. 60; 2018, c. 10, s. 39
Canada Transportation Act — C-10.4
crop year means the period beginning on August 1 in any year and ending on July 31 in the next year; ( campagne agricole )
Canada Transportation Act — C-10.4
export , in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001 , to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country; ( exportation )
Canada Transportation Act — C-10.4
government hopper car [Repealed, 2018, c. 10, s. 39]
Canada Transportation Act — C-10.4 (a)
grain means (a) any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, or (b) any grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada; ( grain )
Canada Transportation Act — C-10.4
joint line movement [Repealed, 2000, c. 16, s. 9]
Canada Transportation Act — C-10.4
maximum rate scale [Repealed, 2000, c. 16, s. 9]
Canada Transportation Act — C-10.4 (a)
movement , in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, to (a) Thunder Bay or Armstrong, Ontario, (b) Churchill, Manitoba for export, (c) a port in British Columbia for export, other than export to the United States for consumption in that country, or (d) a point west of Thunder Bay or Armstrong, Ontario, if the grain is to be carried to a port in British Columbia for export, other than export to the United States for consumption in that country; ( mouvement du grain )
Canada Transportation Act — C-10.4
port in British Columbia includes Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing; ( port de la Colombie-Britannique )
Canada Transportation Act — C-10.4
prescribed railway company means the Canadian National Railway Company, the Canadian Pacific Railway Company and any railway company that may be specified in the regulations; ( compagnie de chemin de fer régie )
Canada Transportation Act — C-10.4
Western Division means the part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba. ( région de l’Ouest )
Canada Transportation Act — C-10.4 148
Application to tariffs and rates 148 The provisions of Division IV apply, with such modifications as the circumstances require, to tariffs and rates under this Division to the extent that those provisions are not inconsistent with this Division.
Canada Transportation Act — C-10.4 149
Issuance and publication 149 (1) A prescribed railway company shall issue and publish tariffs that include single car rates in respect of the movement of grain from each grain delivery point on its railway. Prohibition (2) No prescribed railway company shall establish a single car rate in a tariff in respect of the movement of grain from a grain delivery point on one of its branch lines that is more than three per cent higher than any single car rate in its tariffs for the movement of the same type of grain under substantially similar conditions for a substantially similar distance from the grain delivery point on one of its main lines that is nearest, as measured in a straight line, to the grain delivery point on the branch line. 1996, c. 10, s. 149, c. 18, s. 41; 2000, c. 16, s. 10
Canada Transportation Act — C-10.4 150
Ceiling 150 (1) A prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year may not exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1). Payment of excess and penalty (2) If a prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1), the company shall pay out the excess amount, and any penalty that may be specified in the regulations, in accordance with the regulations. Items not included in revenue (3) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not include (a) incentives, rebates or any similar reductions paid or allowed by the company; (b) any amount that is earned by the company and that the Agency determines is reasonable to characterize as a performance penalty or as being in respect of demurrage or for the storage of railway cars loaded with grain; (c) compensation for running rights; (d) any amount that is earned by the company at the interswitching rate determined in accordance with section 127.1; or (e) any amount that is earned by the company for the movement of grain in containers on flat cars. Impermissible reductions (4) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not be reduced by amounts paid or allowed as dispatch by the company for loading or unloading grain before the expiry of the period agreed on for loading or unloading the grain. Reductions from revenue (5) For the purposes of this section, if the Agency determines that it was reasonable for a prescribed railway company to make a contribution for the development of grain-related facilities to a grain handling undertaking that is not owned by the company, the company’s revenue for the movement of grain in a crop year shall be reduced by any amount that the Agency determines constitutes the amortized amount of the contribution by the company in the crop year. Agency to determine revenue (6) The Agency shall make the determination of a prescribed railway company’s revenues for the movement of grain in a crop year on or before December 31 of the following crop year. 1996, c. 10, s. 150; 2000, c. 16, s. 10; 2018, c. 10, s. 40
Canada Transportation Act — C-10.4 150.1 to 150.4
150.1 to 150.4 [Repealed, 2000, c. 16, s. 10]
Canada Transportation Act — C-10.4 151
Maximum revenue entitlement 151 (1) A prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year is the amount determined by the Agency in accordance with the formula [A/B + ((C - D) × $0.022)] × E × F where A is the company’s revenues for the movement of grain in the base year; B is the number of tonnes of grain involved in the company’s movement of grain in the base year; C is the number of miles of the company’s average length of haul for the movement of grain in that crop year as determined by the Agency; D is the number of miles of the company’s average length of haul for the movement of grain in the base year; E is the number of tonnes of grain involved in the company’s movement of grain in the crop year as determined by the Agency; and F is the volume-related composite price index that applies to the company, as determined by the Agency. Canadian National Railway Company (2) For the purposes of subsection (1), in the case of the Canadian National Railway Company, (a) A is $348,000,000; (b) B is 12,437,000; and (c) D is 1,045. Canadian Pacific Railway Company (3) For the purposes of subsection (1), in the case of the Canadian Pacific Railway Company, (a) A is $362,900,000; (b) B is 13,894,000; and (c) D is 897. Volume-related composite price index (4) The following rules are applicable to a volume-related composite price index: (a) in the crop year 2016-2017, each prescribed railway company’s index is 1.3275; (b) an index shall be determined in respect of each prescribed railway company; and (c) the Agency shall make adjustments to each prescribed railway company’s index to reflect the costs incurred by the prescribed railway company to obtain hopper cars for the movement of grain and the costs incurred by the prescribed railway company for the maintenance of those hopper cars. When Agency to make determination (5) The Agency shall make the determination of a prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year under subsection (1) on or before December 31 of the following crop year and shall make the determination of a prescribed railway company’s volume-related composite price index on or before April 30 of the previous crop year. Making of adjustments (6) Despite subsection (5), the Agency shall make the adjustments referred to in paragraph (4)(c) at any time that it considers appropriate and determine the date when the adjusted index takes effect. 1996, c. 10, s. 151; 2000, c. 16, s. 10; 2007, c. 19, s. 43; 2018, c. 10, s. 41
Canada Transportation Act — C-10.4 151.01
Report to Minister 151.01 (1) Before the beginning of every crop year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, that (a) assesses the prescribed railway company’s ability to move the grain that it is required to move during the crop year taking into account the total volume of grain expected to be moved for the crop year; and (b) identifies the steps that the prescribed railway company is taking to enable it to move the grain that it is required to move during the crop year. Report — winter contingency plans (2) Before October 1 of every year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, that describes the railway company’s contingency plans to enable it to move the grain along with other traffic when faced with winter weather conditions. Publication (3) The prescribed railway company shall publish the reports referred to in subsections (1) and (2) on its Internet site at the same time that they are provided to the Minister. 2018, c. 10, s. 42
Canada Transportation Act — C-10.4 151.1
List of available sidings 151.1 (1) A prescribed railway company shall prepare and keep up to date a list of the sidings that it makes available in the Western Division where railway cars that are allocated by the Canadian Grain Commission under subsection 87(2) of the Canada Grain Act can be loaded. Publication of list (2) The railway company shall publish the list on its Internet site. Removal from list (3) The railway company may remove a siding from the list only after the expiry of 60 days after the publication of a notice of its intention to do so in a newspaper of general circulation in the area where the siding is located. 2008, c. 5, s. 6
Canada Transportation Act — C-10.4 152
Regulations 152 The Governor in Council may make regulations (a) specifying railway companies for the purposes of the definition prescribed railway company in section 147; (b) specifying, in respect of a prescribed railway company other than the Canadian National Railway Company or the Canadian Pacific Railway Company, (i) revenues for the movement of grain in the base year, (ii) the number of tonnes for the movement of grain in the base year, and (iii) the average length of haul for the movement of grain in the base year; (c) specifying a penalty for the purposes of subsection 150(2) and respecting the paying out of the penalty and the excess amount; and (d) for carrying out the purposes and provisions of this Division. 1996, c. 10, s. 152; 2000, c. 16, s. 10
Canada Transportation Act — C-10.4 152.1
Application 152.1 (1) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the negotiation of any agreement concerning the use of the railway company’s railway, land, equipment, facilities or services by the public passenger service provider or concerning the conditions, or the amount to be paid, for that use, the public passenger service provider may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter. Application (2) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the implementation of any matter previously decided by the Agency, either the public passenger service provider or the railway company may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter. 2007, c. 19, s. 44
Canada Transportation Act — C-10.4 152.2
Amount to be fixed 152.2 (1) If, pursuant to an application made under subsection 152.1(1), the Agency fixes the amount to be paid by the public passenger service provider for the use of any of the railway company’s railway, land, equipment, facilities or services, that amount must reflect the cost associated with the public passenger service provider’s use of that railway, land or equipment or those facilities or services. Factors (2) In determining that amount, the Agency must take into consideration, among other things, (a) the variable costs incurred by the railway company as a result of the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services, including, but not limited to, its variable costs incurred to maintain safe operations and to avoid congestion and undue delay; (b) the railway company’s cost of capital, based on a rate set by the Agency, applied to the net book value of the assets to be used by the public passenger service provider, less any amount to be paid by the public passenger service provider in respect of those assets; (c) the cost of any improvements made by the railway company in relation to the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services; (d) a reasonable contribution towards the railway company’s constant costs; and (e) the value of any benefits that would accrue to the railway company from any investment made by the public passenger service provider. 2007, c. 19, s. 44
Canada Transportation Act — C-10.4 152.3
Duration of decision 152.3 Any decision of the Agency in respect of an application made under subsection 152.1(1) is binding on the parties for a period of five years after the day on which the decision is made, or for any other period agreed to by the parties that is specified in the decision. 2007, c. 19, s. 44
Canada Transportation Act — C-10.4 152.4
Providing copies 152.4 (1) A railway company or a public passenger service provider must provide to any person who requests it (a) a copy of any agreement entered into on or after the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services; and (b) subject to subsection (2), a copy of any agreement entered into before the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services. Exclusion (2) The Agency may, on application by a railway company or a public passenger service provider, exclude an agreement, or any specified portion of an agreement, from the application of paragraph (1)(b) on the grounds that harm would likely result to the applicant if the agreement, or the specified portion, were to be disclosed. 2007, c. 19, s. 44
Canada Transportation Act — C-10.4 152.5
Definitions 152.5 The following definitions apply in this Division. designated good means (a) crude oil; or (b) any other good that is designated by the regulations. ( marchandise désignée ) Fund means the Fund for Railway Accidents Involving Designated Goods established by subsection 153.4(1). ( Caisse ) railway accident means any accident or incident that is associated with the operation, (a) on a railway, whether or not that railway is within the legislative authority of Parliament, by a railway company, of rolling stock that contains a designated good that the company carries on a shipper’s behalf; or (b) on a railway, by a person other than a railway company, of rolling stock that contains a designated good that the person carries on behalf of a person who sends or receives goods. ( accident ferroviaire ) 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 (a)
designated good means (a) crude oil; or (b) any other good that is designated by the regulations. ( marchandise désignée )
Canada Transportation Act — C-10.4
Fund means the Fund for Railway Accidents Involving Designated Goods established by subsection 153.4(1). ( Caisse )
Canada Transportation Act — C-10.4 (a)
railway accident means any accident or incident that is associated with the operation, (a) on a railway, whether or not that railway is within the legislative authority of Parliament, by a railway company, of rolling stock that contains a designated good that the company carries on a shipper’s behalf; or (b) on a railway, by a person other than a railway company, of rolling stock that contains a designated good that the person carries on behalf of a person who sends or receives goods. ( accident ferroviaire )