GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 185
Repeal of R.S., c. R-3 185 (1) Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway company that has authority to construct and operate a railway under a Special Act and has not been continued under the Canada Business Corporations Act . Repeal of certain provisions * (2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council. * [Note: Repeal in force July 1, 1996, see SI/96-54.] Interpretation (3) For the purpose of applying the provisions mentioned in subsection (2) after this section comes into force, (a) a reference in those provisions to the “Agency” shall be interpreted as a reference to the Canadian Transportation Agency; (b) a reference in those provisions to a “railway, telegraph, telephone and express company”, a “railway or express company” or a “carrier by water” shall be interpreted as a reference to a railway company, as defined in section 87 of this Act; and (c) the reference to section 64 of the National Transportation Act, 1987 in the definition claim period in subsection 270(1) of the Railway Act shall be interpreted as a reference to section 40 of this Act.
Canada Transportation Act — C-10.4 186
Definition of National Transportation Agency 186 For the purposes of sections 187 to 199, National Transportation Agency means the National Transportation Agency established by the National Transportation Act, 1987 .
Canada Transportation Act — C-10.4 187
Powers, duties and functions 187 Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the National Transportation Agency, the power, duty or function is vested in or exercisable by the Canadian Transportation Agency.
Canada Transportation Act — C-10.4 188
Appropriations 188 Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the National Transportation Agency and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Canadian Transportation Agency.
Canada Transportation Act — C-10.4 189
Employment continued 189 (1) Nothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position under the authority of the National Transportation Agency, except that each of those persons shall, on the coming into force of this section, occupy their position under the authority of the Canadian Transportation Agency. Definition of employee (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Canada Transportation Act — C-10.4 190
References 190 Every reference to the National Transportation Agency in any deed, contract, agreement or other document executed by the National Transportation Agency shall, unless the context otherwise requires, be read as a reference to the Canadian Transportation Agency.
Canada Transportation Act — C-10.4 191
Rights and obligations 191 All rights and property of the National Transportation Agency and of Her Majesty in right of Canada that are under the administration and control of the National Transportation Agency and all obligations of the National Transportation Agency are transferred to the Canadian Transportation Agency.
Canada Transportation Act — C-10.4 192
Commencement of legal proceedings 192 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the National Transportation Agency may be brought against the Canadian Transportation Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the National Transportation Agency.
Canada Transportation Act — C-10.4 193
Continuation of legal proceedings 193 Any action, suit or other legal proceeding to which the National Transportation Agency is party pending in any court immediately before the day this section comes into force may be continued by or against the Canadian Transportation Agency in like manner and to the same extent as it could have been continued by or against the National Transportation Agency.
Canada Transportation Act — C-10.4 194
Members cease to hold office 194 Except as provided for in subsection 195(4), all persons who hold office as a member of the National Transportation Agency immediately before the coming into force of this section cease to hold office on that day.
Canada Transportation Act — C-10.4 195
Continuation of proceedings 195 (1) Subject to this section, proceedings relating to any matter before the National Transportation Agency on the coming into force of this section, including any matter that is in the course of being heard or investigated by the National Transportation Agency, shall be continued by the Canadian Transportation Agency. Application of provisions (2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987 as that Act read immediately before the coming into force of section 183. Directions re proceedings (3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order had been made on the coming into force of this section shall be (a) discontinued, or (b) continued by the Canadian Transportation Agency, on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties and of the general public. Member continues (4) Where in any proceedings continued under this section any evidence was heard by a member of the National Transportation Agency, that person may, on the request of the Chairperson of the Canadian Transportation Agency, continue to hear the matter and that person is deemed to be a member of the Canadian Transportation Agency for the specific purpose of the expeditious completion of the proceedings, after which time that member shall cease to hold office. Deemed member (5) A person referred to in subsection (4) who is deemed to be a member of the Canadian Transportation Agency under that subsection (a) shall, unless the Governor in Council provides otherwise, be paid in a manner that is consistent with the remuneration the person was receiving immediately before the coming into force of this section; but (b) that person’s status as a member does not preclude the appointment of up to three members under paragraph 7(2)(a) or up to three temporary members under subsection 9(1).
Canada Transportation Act — C-10.4 196
Continuation of previous orders, etc. 196 Subject to sections 197 to 199, every decision, order, licence, permit, rule, regulation and direction made or issued by the National Transportation Agency that was in force immediately before the coming into force of this section and that is not inconsistent with this Act or any other Act of Parliament continues in force as if it were a decision, order, license, permit, rule, regulation or direction made or issued by the Canadian Transportation Agency.
Canada Transportation Act — C-10.4 197
Continuation of railway crossing and junction orders 197 An order of the National Transportation Agency made under section 197 of the Railway Act continues to have effect as if it had been made under section 99 of this Act, but only to the extent that it is consistent with that section.
Canada Transportation Act — C-10.4 198
Continuation of road and utility crossing orders 198 An order of the National Transportation Agency made under subsection 196(6) or section 201, 202, 204, 212, 214 or 326 of the Railway Act continues to have effect as if it had been made under section 101 of this Act, but only to the extent that it is consistent with that section.
Canada Transportation Act — C-10.4 199
Continuation of private crossing orders 199 An order of the National Transportation Agency made under section 216 of the Railway Act continues to have effect as if it had been made under section 103 of this Act, but, if the Canadian Transportation Agency amends the order to authorize any new construction, payment of the costs of the new construction and maintenance of it are governed by subsection 103(3) of this Act.
Canada Transportation Act — C-10.4 201
Expropriation under Railway Act 201 Where proceedings under or governed by sections 160 to 188 of the Railway Act were commenced before the coming into force of section 185 of this Act, those sections continue to apply in respect of those proceedings.
Canada Transportation Act — C-10.4 201.1
Confidentiality of information 201.1 (1) Where information concerning the costs of a railway company or other information that is by its nature confidential was obtained from the company by the Agency in the course of an investigation under the Railway Act or the National Transportation Act, 1987 , the information shall not be published or disclosed in such a manner as to be available for the use of any other person, except in accordance with subsection (2) or if, in the opinion of the Agency, the publication is necessary in the public interest. Disclosure to Minister (2) The Agency shall disclose to the Minister any information in its possession, other than information contained in a confidential contract entered into under subsection 120(1) of the National Transportation Act, 1987 or subsection 126(1) of this Act.
Canada Transportation Act — C-10.4 Coming into force
Coming into force * 278 This Act or any of its provisions, or any provision enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, except subsection 142(2), in force July 1, 1996, subsection 142(2) in force July 21, 1996, see SI/96-53.]
Canada Transportation Act — C-10.4
Alfalfa meal, pellets or cubes, dehydrated
Canada Transportation Act — C-10.4
Bean (including soybean) derivatives (flour, protein, isolates, fibre)
Canada Transportation Act — C-10.4
Beans, including soybeans, faba beans, splits and screenings
Canada Transportation Act — C-10.4
Breakfast foods or cereals (uncooked) in bags, barrels or cases manufactured from commodities only as listed in this schedule
Canada Transportation Act — C-10.4
Feed, animal or poultry (not medicated or condimental), containing not more than thirty-five per cent of ingredients other than commodities as specified in this schedule, in bags or barrels or in bulk
Canada Transportation Act — C-10.4
Flour, other than wheat, semolina or pea
Canada Transportation Act — C-10.4
Lentils, including splits and screenings
Canada Transportation Act — C-10.4
Pea derivatives (flour, protein, isolates, fibre)
Canada Transportation Act — C-10.4
Screenings or screenings pellets (applicable only to screenings from grains specified in this schedule)
Canada Transportation Act — C-10.4
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Canada Transportation Act — C-10.4 55
Agreements entered into prior to the coming into force of section 44 55 (1) Section 152.1 of the Canada Transportation Act , as enacted by section 44 of this Act, does not apply in respect of agreements entered into before the day on which section 44 of this Act comes into force. Exception (2) Despite subsection (1), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which section 44 of this Act comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Canada Transportation Act , as enacted by section 44 of this Act, applies, with any modifications that are necessary, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the Agency’s decision and the provisions of the agreement, the Agency’s decision prevails to the extent of the inconsistency.
Canada Transportation Act — C-10.4 56
Members continued 56 (1) Despite sections 3 to 5 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms. Temporary limitation on appointment of new members (2) Despite section 3 of this Act, the Governor in Council may not appoint or reappoint members of the Canadian Transportation Agency under subsection 7(2) or subsection 8(2), respectively, of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three. Exception for appointment of Chairperson and Vice-Chairperson (3) Despite subsection (2) and section 3 of this Act, the Governor in Council may appoint or reappoint members of the Canadian Transportation Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act .
Canada Transportation Act — C-10.4 57
Adjustment to the volume-related composite price index 57 Despite subsection 151(5) of the Canada Transportation Act , the Canadian Transportation Agency shall, once only, on request of the Minister of Transport and on the date set by the Agency, adjust the volume-related composite price index to reflect costs incurred by the prescribed railway companies, as defined in section 147 of that Act, for the maintenance of hopper cars used for the movement of grain, as defined in section 147 of that Act.
Canada Transportation Act — C-10.4 58
Police constables appointed under section 158 of the Canada Transportation Act 58 Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act , as enacted by section 54 of this Act.
Canada Transportation Act — C-10.4 41
Agreements continued 41 An agreement entered into or a designation made under section 157.1 of the Canada Transportation Act in respect of any matter referred to in section 6.1 of the Railway Safety Act , as enacted by section 6 , continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.1.
Canada Transportation Act — C-10.4 42
Agreements continued 42 An agreement entered into under section 158 of the Canada Transportation Act in respect of any matter referred to in section 6.2 of the Railway Safety Act , as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.2.
Canada Transportation Act — C-10.4 36
Certificates of fitness 36 A certificate of fitness that was issued under subsection 92(1) of the Canada Transportation Act , as that subsection read immediately before the day on which section 6 comes into force, and that is valid on that day is deemed, as of that day but only until the day on which it is cancelled, to have been issued (a) under paragraph 92(1)(a) of that Act, as enacted by that section, in respect of the operation of a railway that relates to a passenger rail service or a construction of a railway, and for which the certificate was issued; or (b) under paragraph 92(1)(b) of that Act, as enacted by that section, in respect of the operation of a railway that does not relate to a passenger rail service and for which the certificate was issued.
Canada Transportation Act — C-10.4 37
Regulations 37 On the day on which section 6 comes into force, paragraphs 3(b) and (c) and 4(b) of the Railway Third Party Liability Insurance Coverage Regulations continue to apply — until regulations are made under paragraph 92(3)(b) of the Canada Transportation Act — in respect of the proposed operation of a railway referred to in that paragraph 92(3)(b) to allow the Canadian Transportation Agency to determine, for the purposes of paragraph 92(1)(b) of that Act, 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 to that Act.
Canada Transportation Act — C-10.4 75
Definition of Act 75 (1) In this section and in sections 76 to 81 , Act means the Canada Transportation Act . Words and expressions (2) Unless the context otherwise requires, words and expressions used in sections 76 to 81 have the same meaning as in the Act.
Canada Transportation Act — C-10.4 76
he railway car is part of; and (t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement of the railway car begins and ends and the distance travelled by the railway car. Time limit (3) The class 1 rail carrier shall provide the information described in subsection (2) on a monthly basis, no later than the last day of the month following the month to which the information relates. First report (4) No later than the last day of the month following the month in which this section comes into force, the class 1 rail carrier shall provide to the Minister a report described in subsection (2) for each month in the period that begins August 1, 2016 and that ends on the last day of the month in which this section comes into force. Deeming (5) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(a) of the Act.
Canada Transportation Act — C-10.4 77
Information — service and performance indicators 77 (1) This section applies until the first regulation made under paragraph 50(1.01)(b) of the Act comes into force. Information to be provided (2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report containing the information specified in paragraphs 1250.2(a)(1) to (8) of Title 49 of the United States Code of Federal Regulations as amended from time to time. Adaptations (3) For the purpose of subsection (2), the provisions of the United States Code of Federal Regulations are adapted as follows: (a) a reference to “should” is to be read as “must”; (b) unless the context requires otherwise, a reference to “railroad” is to be read as “class 1 rail carrier”; (c) a reference to “state” is to be read as “province”; (d) a reference to “dedicated train service” is to be read as “dedicated train program and fleet integration program”; and (e) paragraph 1250.2(a)(7) is to be read without reference to “aggregated for the following STCCs: 01131 (barley), 01132 (corn), 01133 (oats), 01135 (rye), 01136 (sorghum grains), 01137 (wheat), 01139 (grain, not elsewhere classified), 01144 (soybeans), 01341 (beans, dry), 01342 (peas, dry) and 01343 (cowpeas, lentils, or lupines)”. Explanation (4) A class 1 rail carrier shall, in its first report, provide an explanation of the methodology it used to derive the data, including the definition of unit train used by the class 1 rail carrier. The definition of unit train shall be based on the class 1 rail carrier’s normal business practices. If the methodology changes, the class 1 rail carrier shall provide an updated explanation of its methodology in any subsequent report in which that methodology is used for the first time, including any updated definition of unit train. Time limit (5) The class 1 rail carrier shall provide the report for each period of seven days commencing on Saturday and ending on Friday, no later than five days after the last day of the period of seven days to which the information relates. First report (6) The first report that is to be provided by a class 1 rail carrier is to contain information related to the seven day period that commences on the first Saturday that follows the day on which this section comes into force. Deeming (7) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(b) of the Act.
Canada Transportation Act — C-10.4 78
Arrangements concluded before coming into force of section 14 78 Persons that have entered into an arrangement , as defined in section 53.7 of the Act, before the day on which section 14 comes into force, may still provide a notice of the arrangement under subsection 53.71(1) of that Act as though the arrangement had not been entered into, in which case section 53.72 of that Act does not apply to that arrangement.
Canada Transportation Act — C-10.4 79
Interswitching rate 79 (1) Until December 31 of the first year in which the Agency makes a determination of the interswitching rate under subsection 127.1(1) of the Act, the interswitching rate determined under paragraph 128(1)(b) of the Act as it read immediately before the day on which subsection 28 (1) comes into force continues to apply and is deemed to be a rate determined by the Agency in accordance with section 127.1 of the Act. First determination (2) If section 127.1 of the Act comes into force after August 1 of any calendar year, the Agency is not required to determine the interswitching rate in accordance with subsection 127.1(1) until December 1 of the following calendar year.