Canada Transportation Act — C-10.4 146.2
List of metropolitan sidings and spurs to be dismantled 146.2 (1) A railway company shall prepare and keep up to date a list of its sidings and spurs that it plans to dismantle and that are located in metropolitan areas or within the territory served by any urban transit authority, except for sidings and spurs located on a railway right-of-way that will continue to be used for railway operations subsequent to their dismantlement. Publication of list and notification of changes (2) The railway company shall publish the list on its Internet site and, whenever it makes a change to the list, it shall notify the following of the change within 10 days after the change: (a) the Minister; (b) the Agency; (c) the minister responsible for transportation matters in the government of the province in which the siding or spur that is the subject of the change is located; (d) the chairperson of the urban transit authority in whose territory the siding or spur that is the subject of the change is located; and (e) the clerk or other senior administrative officer of the municipal or district government in which the siding or spur that is the subject of the change is located. Limitation (3) A railway company shall not take steps to dismantle a siding or a spur until at least 12 months have elapsed since the siding or spur was added to the list. Offer to governments (4) Before dismantling a siding or a spur that has been on the list for at least 12 months, a railway company shall send simultaneously to each of the following an offer to transfer all of its interest in the siding or spur for not more than its net salvage value: (a) the Minister; (b) the minister responsible for transportation matters in the government of the province in which the siding or spur is located; (c) the chairperson of the urban transit authority in whose territory the siding or spur is located; and (d) the clerk or other senior administrative officer of the municipal or district government in which the siding or spur is located. Time limits for acceptance (5) Subject to subsection 146.3(3), after the offer is received (a) by the Minister, the Government of Canada may accept it within 30 days; (b) by the provincial minister, the government of the province may accept it within an additional 30 days after the end of the period mentioned in paragraph (a) if it is not accepted under that paragraph; (c) by the chairperson of an urban transit authority, that authority may accept it within an additional 30 days after the end of the periods for acceptance under paragraphs (a) and (b), if it is not accepted under those paragraphs; and (d) by the clerk or other senior administrative officer of a municipal or district government, that government may accept it within an additional 30 days after the end of the periods for acceptance under paragraphs (a), (b) and (c), if it is not accepted under those paragraphs. Communication and notice of acceptance (6) Once a government or an urban transit authority communicates its written acceptance of the offer to the railway company, the right of any other government or urban transit authority to accept the offer is extinguished, and the railway company shall notify the other governments and urban transit authorities of the acceptance. Net salvage value (7) If a government or an urban transit authority accepts the offer, but cannot agree with the railway company on the net salvage value within 90 days after the acceptance, the Agency may, on the application of the government, the urban transit authority or the railway company, determine the net salvage value. Dismantling permitted (8) If the offer is not accepted, the railway company may dismantle the siding or spur on providing notice to the Agency. 2007, c. 19, s. 42