GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 152.6
Application 152.6 This Division applies only to a railway company that holds a certificate of fitness that was issued under paragraph 92(1)(b) in respect of the operation of a railway for which that certificate was issued. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 152.7
Limit of liability of railway company 152.7 (1) A railway company that operates a railway that is involved in a railway accident is liable for the losses, damages, costs and expenses described in subsection 153(1) up to the amount of the minimum liability insurance coverage that the company is required to maintain for the operation of the railway under paragraph 93.1(1)(b). Liability — jointly and severally, or solidarily (2) If more than one railway company is liable under subsection (1), the companies are jointly and severally, or solidarily, liable, each up to the amount of the minimum liability insurance coverage that applies to it. Non-application (3) The limit of liability referred to in subsection (1) does not apply to the railway company if it is proved that the railway accident resulted from any act or omission of that company that was committed either with intent to cause the accident or recklessly and with the knowledge that the accident would probably result. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 152.8
No proof of fault or negligence 152.8 A railway company’s liability under subsection 152.7(1) does not depend on proof of fault or negligence. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 152.9
Liability under another Act 152.9 If a railway company is liable, without proof of fault or negligence, under subsection 152.7(1) and under any other Act with respect to the same railway accident, the company is liable under that subsection up to the greater of the limit of liability for an amount that is referred to in that subsection and the limit up to which the company is liable under the other Act. If the other Act does not set out a limit of liability, the limit set out in that subsection does not apply. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153
Losses, damages, costs and expenses 153 (1) The losses, damages, costs and expenses referred to in subsection 152.7(1) are the following: (a) all actual loss or damage incurred by any person, other than by a railway company that is liable under subsection 152.7(1), as a result of the railway accident or as a result of any action or measures taken in relation to the accident; (b) the costs and expenses reasonably incurred by Her Majesty in right of Canada or a province or any other person in taking any action or measures in relation to the railway accident; and (c) all loss of non-use value relating to a public resource that is affected by the railway accident or as a result of any action or measures taken in relation to the accident. Definition of actual loss or damage (2) For the purposes of paragraph (1)(a), actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include (a) any loss or damage incurred by a person who operates a railway that is not within the legislative authority of Parliament and that is involved in the railway accident, in respect of the portion of the operation that does not relate to a passenger rail service; (b) any loss of or damage to goods being carried by the railway company or by the person referred to in paragraph (a); or (c) any loss of income that is recoverable under subsection 42(3) of the Fisheries Act . Environmental damage (3) For the purposes of subsection (1), the measures include remedial measures that are taken to repair, reduce or mitigate environmental damage. Costs and expenses not recoverable under Fisheries Act (4) The costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this Division are not recoverable under subsection 42(1) of the Fisheries Act . 1996, c. 10, s. 153; 2000, c. 16, s. 10; 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.1
Defences 153.1 A railway company is not liable under subsection 152.7(1) if it establishes that (a) the railway accident resulted from an act of war, hostilities, civil war or insurrection; or (b) any other defence set out in the regulations applies. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.2
Claims 153.2 (1) All claims for the losses, damages, costs and expenses described in subsection 153(1) may be sued for and recovered in any court of competent jurisdiction in Canada. Rank of claims (2) Claims to recover the losses, damages, costs and expenses described in paragraphs 153(1)(a) and (b) shall rank, without preference, before those to recover a loss of non-use value described in paragraph 153(1)(c). Limitation or prescription period (3) Proceedings in respect of the claims referred to in subsection (1) may be instituted within a period of three years beginning on the day on which the losses, damages, costs and expenses were incurred but not after a period of six years beginning on the day on which the railway accident occurred. Proceedings — loss of non-use value (4) Only Her Majesty in right of Canada or a province may institute proceedings to recover a loss of non-use value described in paragraph 153(1)(c). 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.3
Railway company’s rights against third parties 153.3 Nothing in this Division shall be construed as limiting or restricting any right of recourse that a railway company may have against another person. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.4
Fund established 153.4 (1) There is established in the accounts of Canada an account to be known as the Fund for Railway Accidents Involving Designated Goods. Credits (2) The following are to be credited to the Fund: (a) every amount credited to the Fund under section 153.5; (b) the amount of every sum credited to the Fund under section 153.6; (c) every amount recovered by the Administrator under paragraph 155(2)(c); and (d) every amount paid under sections 155.7 and 155.8. Charges (3) The following are to be charged to the Fund: (a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 153.6; (b) every amount paid out of the Consolidated Revenue Fund under subsection 154.2(3); (c) every amount paid as a result of subsection 155(1); and (d) the amount of any judgment and any costs awarded as the result of an appeal made under subsection 154.9(2) or section 155.1. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.5
Interest to be credited to Fund 153.5 The Minister of Finance shall cause to be credited to the Fund interest, calculated in the manner and at the rate determined by the Governor in Council, on the balance of that Fund. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.6
Consolidated Revenue Fund 153.6 If the amount to the credit of the Fund is insufficient to pay any amount that is charged to the Fund under any of paragraphs 153.4(3)(b) to (d), the Minister of Finance may, subject to any terms and conditions that he or she considers appropriate, direct that a sum equal to the amount required to be paid be charged to the Consolidated Revenue Fund and credited to the Fund. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.7
Appointment of Administrator 153.7 (1) The Governor in Council shall appoint an Administrator of the Fund. Tenure (2) The Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council. Reappointment (3) The Administrator is eligible for reappointment on the expiry of his or her term of office. Continuation in office (4) If an Administrator is not appointed to take office on the expiry of the incumbent Administrator’s term, the incumbent continues to hold office until the earlier of the day fixed by the Governor in Council and the day on which a successor is appointed. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.8
Appointment of Deputy Administrator 153.8 (1) The Governor in Council may appoint a Deputy Administrator of the Fund. Tenure (2) The Deputy Administrator is to hold office during good behaviour for a term of not more than five years to be fixed by the Governor in Council, but may be removed for cause by the Governor in Council. Reappointment (3) The Deputy Administrator is eligible for reappointment on the expiry of his or her term of office. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 153.9
Deputy Administrator’s powers, duties and functions 153.9 (1) The Deputy Administrator is to exercise the powers and perform the duties and functions consistent with this Division that are assigned to him or her by the Administrator. Administrator’s absence or incapacity (2) If the Administrator is absent or incapacitated or the office of Administrator is vacant, the Deputy Administrator has all the powers, duties and functions of the Administrator. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154
Resignation 154 The resignation of an Administrator or Deputy Administrator becomes effective at the time that the Minister receives a written resignation from him or her or at the time specified in the resignation, whichever is later. 1996, c. 10, s. 154; 2000, c. 16, s. 10; 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.1
Conflict of interest 154.1 (1) The Administrator or Deputy Administrator shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with his or her powers, duties and functions under this Division. Effect of contravention (2) If the Administrator or Deputy Administrator contravenes subsection (1), his or her appointment is terminated on a day fixed by the Governor in Council that is not later than 30 days after the day on which the notice of the contravention is received by the Minister, but the contravention does not affect the validity of any act performed by the Administrator or Deputy Administrator, as the case may be, under this Division between the day on which the contravention occurred and the day on which the appointment is terminated. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.2
Remuneration 154.2 (1) The Administrator and the Deputy Administrator are to be paid, for the exercise of their powers and the performance of their duties and functions, the remuneration fixed by the Governor in Council. Travelling, living and other expenses (2) The Administrator and the Deputy Administrator are to be paid, in accordance with Treasury Board directives, reasonable travel, living and other expenses incurred in exercising their powers or performing their duties and functions under this Division while absent from their ordinary place of work. Payment out of Consolidated Revenue Fund (3) On the direction of the Minister of Finance, the remuneration and expenses referred to in subsections (1) and (2) and all other costs and expenses incurred by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division are to be paid out of the Consolidated Revenue Fund and charged to the Fund as provided for by paragraph 153.4(3)(b). Taxation (4) The Federal Court’s assessment officers may, at the Minister of Justice’s request, tax any account for costs and expenses, other than expenses referred to in subsection (2), incurred by the Administrator and the Deputy Administrator in exercising their powers or performing their duties and functions under this Division as if they were acting for Her Majesty in proceedings in that Court. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.3
Assistance 154.3 The Administrator may, for the purpose of exercising his or her powers or performing his or her duties and functions under this Division, obtain any professional, technical or other advice or assistance that he or she considers necessary. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.4
Right to file claim 154.4 (1) A person who incurs a loss, damage, cost or expense described in subsection 153(1) as the result of a railway accident may file a claim with the Administrator for the amount of the loss, damage, cost or expense. The claim must be filed within a period of three years beginning on the day on which the loss, damage, cost or expense was incurred, but not after a period of six years beginning on the day on which the railway accident occurred. Burden of proof (2) The claimant is not required to satisfy the Administrator that the loss, damage, cost or expense resulted from the railway accident, but the Administrator shall dismiss the claim if he or she is satisfied that the loss, damage, cost or expense did not result from the railway accident. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.5
Interest 154.5 (1) For the purposes of this Division, interest, in respect of the amount of an offer of compensation for a claim made under section 154.4 is deemed to have accrued, at the rate referred to in subsection (2), from the day on which the loss, damage, cost or expense to which the offer relates was incurred. Rate (2) The rate for the purposes of subsection (1) is the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.6
Investigation and assessment 154.6 (1) On receipt of a claim made under section 154.4, the Administrator shall investigate and assess it. Factors to be considered (2) In investigating and assessing a claim, the Administrator shall consider whether the claim resulted wholly or partially from (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or (b) the claimant’s negligence. When claimant at fault (3) The Administrator shall reduce or nullify any amount of a claim that he or she would have otherwise assessed in proportion to the degree to which he or she is satisfied that the claim resulted from (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or (b) the claimant’s negligence. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.7
Offer of compensation — one railway company 154.7 (1) If only one railway company is liable under subsection 152.7(1) for the losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident to which a claim made under section 154.4 relates, the Administrator shall — if he or she is satisfied that the railway company has paid, in respect of all losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident, an amount equal to or greater than the amount of the minimum liability insurance coverage that the railway company was required to maintain under paragraph 93.1(1)(b) for the operation of the railway involved in the railway accident — make an offer of compensation to the claimant for whatever portion of the claim that the Administrator finds to be established and for which the railway company has not provided compensation. Offer of compensation — more than one railway company (2) If two or more railway companies are liable under subsection 152.7(1) for the losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident to which a claim made under section 154.4 relates, the Administrator shall — if he or she is satisfied that the railway companies have paid, in respect of all losses, damages, costs or expenses described in subsection 153(1) that resulted from the railway accident, an amount equal to or greater than the sum that is equal to the total of the amount of the minimum liability insurance coverage that each of the railway companies was required to maintain under paragraph 93.1(1)(b) for the operation of its railway involved in the railway accident — make an offer of compensation to the claimant for whatever portion of the claim that the Administrator finds to be established and for which the railway companies have not provided compensation. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.8
Administrator’s powers 154.8 For the purpose of investigating and assessing a claim and determining the amount, if any, that a railway company has paid as compensation in relation to the railway accident to which the claim relates, the Administrator has the powers of a commissioner under Part I of the Inquiries Act . 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 154.9
Deemed refusal 154.9 (1) If the Administrator makes an offer of compensation to a claimant and the claimant does not, within 60 days after receiving the offer, or any longer period that the Administrator allows, notify the Administrator whether they accept or reject it, the claimant is deemed to have refused the offer. Appeal to Federal Court — adequacy (2) The claimant may, before the expiry of the applicable period under subsection (1), appeal the adequacy of the offer to the Federal Court. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155
Acceptance of offer 155 (1) If a claimant accepts an offer of compensation from the Administrator, the Administrator shall without delay direct that payment be made to the claimant of the amount of the offer of compensation and an amount equal to the interest that is deemed to have accrued under subsection 154.5(1) in respect of that amount. Effect of acceptance (2) If a claimant accepts an offer of compensation, (a) the claimant is precluded from pursuing any rights that they may have against any person in respect of the losses, damages, costs or expenses to which the offer of compensation relates; (b) the Administrator is, to the extent of the payment to the claimant, subrogated to any rights of the claimant in respect of those losses, damages, costs or expenses; and (c) the Administrator shall take reasonable measures to recover the amount of the payment from (i) the railway company — or from any railway company — that is liable under subsection 152.7(1) for those losses, damages, costs or expenses, if the limit of liability referred to in subsection 152.7(1) does not apply to the railway company by reason of subsection 152.7(3) or section 152.9, or (ii) any other person who is liable for those losses, damages, costs or expenses. Commencement of action (3) The Administrator may, for the purpose of paragraph (2)(c), commence an action in the Administrator’s or the claimant’s name. Clarification (4) If a railway company’s limit of liability for the railway accident to which the offer of compensation relates is, by reason of section 152.9, higher than its limit of liability under subsection 152.7(1), nothing in paragraph (2)(c) is to be construed as permitting the Administrator to recover from the railway company an amount that is greater than the difference between the two limits of liability. 1996, c. 10, s. 155; 2000, c. 16, s. 10; 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.1
Appeal to Federal Court — notice of dismissal 155.1 A claimant who has received a notification that the Administrator has dismissed their claim may, within 60 days after receiving the notification, appeal the dismissal to the Federal Court. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.2
Proceedings against railway company 155.2 (1) If proceedings are commenced against a railway company in respect of any loss, damage, cost or expense described in subsection 153(1) that resulted from a railway accident, the railway company shall as soon as feasible provide the Administrator with a copy of the document commencing the proceedings. Administrator is party (2) The Administrator is a party to the proceedings referred to in subsection (1) and may appear for the purpose of taking any measure that he or she considers appropriate for the proper administration of the Fund. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.3
Levy — crude oil 155.3 The levy for the carriage, on a railway, of crude oil is $1.65 per tonne in the year ending on March 31, 2016, adjusted annually in accordance with section 155.4. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.4
Annual adjustment of levy 155.4 (1) The levy for the carriage, on a railway, of crude oil is to be adjusted annually so that the levy in any following year is an amount equal to the product of (a) the levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year, and (b) the ratio that the Consumer Price Index for the calendar year next before that following year bears to the Consumer Price Index for the calendar year next before that calendar year. Consumer Price Index (2) For the purposes of this section, (a) a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that 12-month period; (b) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the levy under this section; and (c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new content basis, that adjustment does not affect the operation of this section. Regulations (3) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the manner in which the average of the Consumer Price Index for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number. Adjusted levy to be published (4) The Minister shall cause the levy for the carriage of crude oil that is adjusted in accordance with this section to be published in the Canada Gazette as soon as it is available, and the levy so published is admissible in any proceedings as conclusive proof of the levy for the year in question. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.5
Levy — other traffic 155.5 The levy for the carriage, on a railway, of any traffic, other than crude oil, that is specified in the regulations — or for the carriage of any traffic or any class of traffic, other than crude oil, that is specified in the regulations — is the amount specified in the regulations, or calculated in accordance with them. 2015, c. 31, s. 10
Canada Transportation Act — C-10.4 155.6
Additional levy 155.6 (1) If an amount is charged to the Consolidated Revenue Fund under section 153.6, the Minister may, by order, direct that every railway company that, on a railway, carries traffic for which there is a levy under section 155.3 or 155.5 pay, in accordance with the order, an additional levy in the amount specified in the order, or calculated in accordance with it. Revocation (2) If such an order is made, the Minister shall revoke it as soon as feasible after an amount equal to the amount charged to the Consolidated Revenue Fund under section 153.6 has been credited to the Consolidated Revenue Fund out of amounts standing to the credit of the Fund and the Minister is satisfied that the terms and conditions in relation to the charging of that amount under that section have been met. 2015, c. 31, s. 10