GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 136
Continuous route 136 (1) The Agency shall, in determining the continuous route from the point of origin to the point of destination, have regard to the continuous route that has been chosen by the shipper for the movement of its traffic in its application. Route in Canada (2) If the point of destination of the continuous route of a movement of the shipper’s traffic is in Canada, the Agency shall determine a continuous route that is wholly within Canada, unless there is no cost-effective continuous route wholly within Canada that is available to the shipper and over which it is reasonable to move the shipper’s traffic. Export and import (3) For the purposes of subsections (1) and (2), (a) if the traffic is to be moved through a port in Canada for import into Canada, that port is the point of origin; and (b) if the traffic is to be moved through a port in Canada for export out of Canada, that port is the point of destination. 1996, c. 10, s. 136; 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.1
Nearest interchange 136.1 The Agency shall determine the nearest interchange in Canada to be the one nearest to the point of origin or destination, whichever is served exclusively by the local carrier, in the reasonable direction of the movement of the traffic from the point of origin to the point of destination on the continuous route, unless the local carrier can demonstrate that the interchange cannot be used for engineering reasons. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.2
Service obligations 136.2 The Agency shall determine the manner in which the local carrier is to fulfil its service obligations by having regard to the considerations set out in paragraphs 116(1.2)(a) to (i). 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.3
Duration of order 136.3 The long-haul interswitching order applies to the parties for a period of one year as of the date of the order, unless the parties agree otherwise. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.4
Incorporation in tariff 136.4 (1) The local carrier shall, without delay after the long-haul interswitching order is made, set out in a tariff the terms established by the order, unless the shipper and local carrier agree to include those terms in a confidential contract. Publication not required (2) Subsection 117(3) does not apply in respect of the tariff. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.5
No final offer arbitration 136.5 If a long-haul interswitching order is made by the Agency, the shipper is not entitled to submit any matter related to the movement of the traffic that is the subject of the order to the Agency for final offer arbitration under section 161. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.6
Obligation of carriers to provide cars 136.6 (1) Subject to any agreement to the contrary, if a long-haul interswitching order is made, the connecting carrier is responsible for providing the shipper with an adequate supply of cars for the traffic being moved, in addition to its other service obligations in relation to the movement of the traffic. Additional obligations (2) Subject to any agreement to the contrary, the connecting carrier is, in respect of the interchange referred to in paragraph 129(1)(c), responsible for (a) a prorated share, determined in accordance with subsection (3), of the costs of operating and maintaining the interchange during the period in which the long-haul interswitching order applies; and (b) the capital cost of making any change to the interchange that may be necessary for transferring the traffic that is the subject of the long-haul interswitching order. Determination of prorated share (3) The prorated share is the proportion that the traffic that is the subject of the order transferred at the interchange and moved by the connecting carrier during the period in which the order applies is of the total traffic transferred at the interchange during that period. Share of capital cost (4) If more than one connecting carrier moves the traffic that is the subject of the order, the capital cost is to be shared between the connecting carriers based on each connecting carrier’s share of the amount of traffic moved. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.7
Regulations 136.7 The Governor in Council may, for the purpose of paragraph 129(3)(k), make regulations specifying cases in which a shipper is not entitled to apply for a long-haul interswitching order. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.8
Suspension of operation 136.8 If the Governor in Council is of the opinion that the financial viability of a railway company is seriously affected by the operation of sections 129 to 136.7, the Governor in Council may, by order, suspend the operation of those sections during the period specified in the order. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 136.9
List 136.9 (1) A railway company shall prepare and keep up to date a list of the locations of the interchanges on the railway that the company operates. It shall publish the list on its Internet site or the Internet site of an association or other entity representing railway companies. Notice (2) A railway company may remove an interchange from its list only after the expiry of 120 days after it (a) has published a notice of its intention to do so on its Internet site or the Internet site of an association or other entity representing railway companies; and (b) has sent a copy of the notice to the Agency. Service obligations (3) For greater certainty, the removal of an interchange under subsection (2) does not relieve a railway company from its service obligations. 2018, c. 10, s. 29
Canada Transportation Act — C-10.4 137
Agreement 137 (1) Any issue related to liability, including liability to a third party, in respect of the movement of a shipper’s traffic shall be dealt with between the railway company and the shipper only by means of a written agreement that is signed by the shipper or by an association or other entity representing shippers. No agreement (2) If there is no agreement, the railway company’s liability to the shipper in respect of a loss of or damage to a shipper’s traffic in the company’s possession or for any delay in its movement shall be dealt with between the company and the shipper, (a) on the application of the company, by the Agency; or (b) if there is no application or, if there is an application but the Agency does not specify any terms or conditions with respect to the matter, in the manner set out in the regulations. Regulations (3) For the purposes of paragraph (2)(b), the Agency may make regulations respecting the manner in which a railway company’s liability under subsection (2) is to be dealt with between a company and a shipper. 1996, c. 10, s. 137; 2015, c. 31, s. 9; 2018, c. 10, s. 30
Canada Transportation Act — C-10.4 137.1
Complaints 137.1 If, after receiving a complaint, the Agency finds that a railway company is not complying with subsection 137(1), the Agency may order it to take any measures that the Agency considers appropriate to comply with that subsection. 2018, c. 10, s. 31
Canada Transportation Act — C-10.4 138
Application by railway company 138 (1) A railway company may apply to the Agency for the right to (a) take possession of, use or occupy any land belonging to any other railway company; (b) use the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company; and (c) run and operate its trains over and on any portion of the railway of any other railway company. Application may be granted (2) The Agency may grant the right and may make any order and impose any conditions on either railway company respecting the exercise or restriction of the rights as appear just or desirable to the Agency, having regard to the public interest. Compensation (3) The railway company shall pay compensation to the other railway company for the right granted and, if they do not agree on the compensation, the Agency may, by order, fix the amount to be paid.
Canada Transportation Act — C-10.4 139
Request for joint or common use of right-of-way 139 (1) The Governor in Council may (a) on the application of a railway company, a municipal government or any other interested person, or on the Governor in Council’s own initiative, and (b) after any investigation that the Governor in Council considers necessary, request two or more railway companies to consider the joint or common use of a right-of-way if the Governor in Council is of the opinion that its joint or common use may improve the efficiency and effectiveness of rail transport and would not unduly impair the commercial interests of the companies. Order in Council for joint or common use of right-of-way (2) If the Governor in Council is satisfied that significant efficiencies and cost savings would result from joint or common use of the right-of-way by two or more railway companies and would not unduly impair the commercial interests of the companies, the Governor in Council may make any order for the joint or common use of the right-of-way that the Governor in Council considers necessary. Compensation (3) The Governor in Council may also, by order, fix the amount of compensation to be paid in respect of the joint or common use of the right-of-way and any related work if the companies do not agree on the amount of that compensation.
Canada Transportation Act — C-10.4 140
Definition of railway line 140 (1) In this Division, railway line includes a portion of a railway line, but does not include (a) a yard track, siding or spur; or (b) other track auxiliary to a railway line. Determination (2) The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.
Canada Transportation Act — C-10.4 141
Three-year plan 141 (1) A railway company shall prepare and keep up to date a plan indicating for each of its railway lines whether it intends to continue to operate the line or whether, within the next three years, it intends to take steps to discontinue operating the line. Public accessibility of plan (2) The railway company shall make the plan accessible to the public by publishing it on its Internet site or the Internet site of an association or other entity representing railway companies. Notification of changes (2.1) Whenever the railway company makes a change to the plan, 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 each province through which the railway line passes; (d) the chairperson of every urban transit authority through whose territory the railway line passes; and (e) the clerk or other senior administrative officer of every municipal or district government through which the railway line passes. Information to provide to Minister (2.2) The railway company shall, within 60 days after indicating in the plan its intention to discontinue operating a railway line, provide to the Minister (a) an assessment of whether or not section 96 applies to the land on which the railway line is located; and (b) a legal description of any land to which the assessment indicates section 96 applies and, in the form specified by the Minister, geographical information that would allow for mapping of the land. Discontinuance already indicated in plan (2.3) If a railway company has, on the day on which subsection (2.2) comes into force, a plan indicating its intention to discontinue operating a railway line, but the company has not yet made an advertisement under section 143 in respect of that line, it shall provide to the Minister the information referred to in that subsection before making the advertisement. When sale, etc., permitted (3) Subject to section 144.1, a railway company may sell, lease or otherwise transfer its railway lines, or its operating interest in its lines, for continued operation. Declaration (3.1) The railway company shall provide a written declaration to the person to whom the railway line or the operating interest is being sold, leased or otherwise transferred, stating that the sale, lease or transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister. Continued operation of a portion of a line (4) A railway company that sells, leases or otherwise transfers a portion of a grain-dependent branch line listed in Schedule I, or its operating interest in such a portion, to a person who intends to operate the portion shall continue to operate the remaining portion for three years, unless the Minister determines that it is not in the public interest for the company to do so. 1996, c. 10, s. 141; 2000, c. 16, s. 5; 2007, c. 19, s. 35; 2018, c. 10, s. 32
Canada Transportation Act — C-10.4 142
Compliance with steps for discontinuance 142 (1) A railway company shall comply with the steps described in this Division before discontinuing operating a railway line. The railway company shall publish and keep up to date on its Internet site or the Internet site of an association or other entity representing railway companies a report that sets out the date that it commenced and completed each step. Limitation (2) A railway company shall not take steps to discontinue operating a railway line before the company’s intention to discontinue operating the line has been indicated in its plan for at least 12 months. Exception (2.1) Subsection (2) does not apply to a railway company that is the subject of proceedings under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act . Community-based groups (3) Subsection (2) does not apply and a railway company shall without delay take the steps described in section 143 if (a) the federal government, a provincial, municipal or district government or a community-based group endorsed in writing by such a government has written to the company to express an interest in acquiring all or a portion of a grain-dependent branch line that is listed in Schedule I for the purpose of continuing to operate that line or portion of a line; and (b) that line or portion of a line is indicated on the company’s plan as being a line or a portion of a line that the company intends to take steps to discontinue operating. 1996, c. 10, s. 142; 2000, c. 16, s. 6; 2018, c. 10, s. 33
Canada Transportation Act — C-10.4 143
Advertisement of availability of railway line for continued rail operations 143 (1) The railway company shall advertise the availability of the railway line, or any operating interest that the company has in it, for sale, lease or other transfer for continued operation and its intention to discontinue operating the line if it is not transferred. Content of advertisement (2) The advertisement must include a description of the railway line and how it or the operating interest is to be transferred, whether by sale, lease or otherwise, and an outline of the steps that must be taken before the operation of the line may be discontinued, including (a) a statement that the advertisement is directed to persons interested in buying, leasing or otherwise acquiring the railway line, or the railway company’s operating interest in it, for the purpose of continuing railway operations; and (b) the date by which interested persons must make their interest known in writing to the company, but that date must be at least sixty days after the first publication of the advertisement. Disclosure — advertisement (3) The advertisement shall also disclose (a) the existence of any agreement between the railway company and a public passenger service provider in respect of the operation of a passenger rail service on the railway line; and (b) an indication as to whether or not section 96 applies to the land on which that railway line is located. (4) [Repealed, 2007, c. 19, s. 36] 1996, c. 10, s. 143; 2007, c. 19, s. 36; 2018, c. 10, s. 34
Canada Transportation Act — C-10.4 144
Disclosure of process 144 (1) The railway company shall disclose the process it intends to follow for receiving and evaluating offers to each interested person who makes their interest known in accordance with the advertisement. (2) [Repealed, 2007, c. 19, s. 37] Negotiation in good faith (3) The railway company shall negotiate with an interested person in good faith and in accordance with the process it discloses and the interested person shall negotiate with the company in good faith. Net salvage value (3.1) The Agency may, on application by a party to a negotiation, determine the net salvage value of the railway line and may, if it is of the opinion that the railway company has removed any of the infrastructure associated with the line in order to reduce traffic on the line, deduct from the net salvage value the amount that the Agency determines is the cost of replacing the removed infrastructure. The party who made the application shall reimburse the Agency its costs associated with the application. Time limit for agreement (4) The railway company has six months to reach an agreement after the final date stated in the advertisement for persons to make their interest known. Decision to continue operating a railway line (5) If an agreement is not reached within the six months, the railway company may decide to continue operating the railway line, in which case it is not required to comply with section 145, but shall amend its plan to reflect its decision. Declaration (5.1) If an agreement is reached, including an agreement entered into to in accordance with an order by the Agency, the railway company shall provide a written declaration to the person to whom the railway line or the operating interest is being sold, leased or otherwise transferred, stating that the sale, lease or transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister. Remedy if bad faith by a railway company (6) If, on complaint in writing by the interested person, the Agency finds that the railway company is not negotiating in good faith and the Agency considers that a sale, lease or other transfer of the railway line, or the company’s operating interest in the line, to the interested person for continued operation would be commercially fair and reasonable to the parties, the Agency may order the railway company to enter into an agreement with the interested person to effect the transfer and with respect to operating arrangements for the interchange of traffic, subject to the terms and conditions, including consideration, specified by the Agency. Remedy if bad faith by an interested person (7) If, on complaint in writing by the railway company, the Agency finds that the interested person is not negotiating in good faith, the Agency may order that the railway company is no longer required to negotiate with the person. 1996, c. 10, s. 144; 2000, c. 16, s. 7; 2007, c. 19, s. 37; 2018, c. 10, s. 35
Canada Transportation Act — C-10.4 144.1
Rights and obligations under passenger service agreements continued 144.1 (1) If a railway line, or a railway company’s operating interest in a railway line, is sold, leased or otherwise transferred under subsection 141(3) or as the result of an advertisement under subsection 143(1) and, before the day such advertisement was made, an agreement was in force between the railway company and a public passenger service provider in respect of the operation of a passenger rail service on the railway line, the rights and obligations of the railway company under the agreement in respect of the operation of that service on that line vest, as of the day the transfer takes place, in the person or entity to which the railway line, or the operating interest, is transferred, unless the public passenger service provider indicates otherwise before that day. Declaration that line is for general advantage of Canada (2) Whenever a railway company’s rights and obligations under an agreement with VIA Rail Canada Inc. are vested in another person or entity by subsection (1), the portion of the railway line to which the agreement relates is hereby declared, as of the day the transfer takes place, to be a work for the general advantage of Canada. Duration of declaration (3) The declaration referred to in subsection (2) ceases to have effect if (a) VIA Rail Canada Inc. ceases to operate a passenger rail service on the portion of railway line to which the declaration relates; or (b) the operation of the railway line is discontinued. 2007, c. 19, s. 38
Canada Transportation Act — C-10.4 145
rban 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 must notify the other governments and urban transit authorities of the acceptance. Declaration (4.1) The railway company shall, at the time of a transfer to a government or an urban transit authority, provide a written declaration to the government or urban transit authority stating that the transfer is in compliance with section 96. It shall also send a copy of the declaration to the Minister. Net salvage value (5) 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 or urban transit authority or the railway company, determine the net salvage value. 1996, c. 10, s. 145; 2007, c. 19, s. 39; 2018, c. 10, s. 36
Canada Transportation Act — C-10.4 146
Discontinuation 146 (1) If a railway company has complied with the process set out in sections 143 to 145, but an agreement for the sale, lease or other transfer of the railway line or an interest in it is not entered into through that process, the railway company may discontinue operating the line on providing notice of the discontinuance to the Agency. After providing the notice, the railway company has no obligations under this Act in respect of the operation of the railway line and has no obligations with respect to any operations by any public passenger service provider over the railway line. Documents to accompany notice of discontinuance (1.1) The notice of discontinuance shall be accompanied by a copy of the advertisement referred to in section 143 and the offers to the governments and transit authorities referred to in subsection 145(1). No obligation (2) If the railway line, or any interest of the railway company in it, is sold, leased or otherwise transferred by an agreement entered into through the process set out in sections 143 to 145 or otherwise, the railway company that conveyed the railway line has no obligations under this Act in respect of the operation of the railway line as and from the date the sale, lease or other transfer was completed and has no obligations with respect to any operations by any public passenger service provider over the railway line as and from that date. 1996, c. 10, s. 146; 2007, c. 19, s. 40; 2018, c. 10, s. 37
Canada Transportation Act — C-10.4 146.01
Obligation following return 146.01 (1) If, by reason of the instrument or act by which a railway line or an operating interest in a railway line is transferred through the process set out in sections 143 to 145 or otherwise, the railway line or operating interest in the railway line returns to the railway company that transferred it, the railway company shall, within 60 days after the day on which the return takes place, resume operations of the line or follow the process set out in sections 143 to 145. No condition or obligation (2) If a railway line or operating interest in a railway line returns to a railway company that transferred it and the company decides to follow the process set out in sections 143 to 145 in respect of the railway line or operating interest, the company is not subject to subsection 142(2) in respect of the railway line or operating interest and has no obligations under this Act in respect of the operation of the railway line. 2008, c. 5, s. 4