| PART VII REPEALS, TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE |
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182. to 184. [Repeals] |
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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 (1) Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway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*(2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.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.] |
| (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. |
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186. For the purposes of sections 187 to 199, “National Transportation Agency” means the National Transportation Agency established by the National Transportation Act, 1987. |
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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. |
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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. |
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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. |
| (2) For the purposes of this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
| (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. |
| (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). |
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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. |
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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. |
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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. |
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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. |
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200. [Repealed, 1996, c. 10, s. 200] |
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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. |
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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. |
| (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. |
| Consequential and Related Amendments |
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202. to 274. [Amendments] |
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275. to 277. [Amendments] |
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*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.] |
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| CN GRAIN-DEPENDENT BRANCH LINES / EMBRANCHEMENTS DU CN TRIBUTAIRES DU TRANSPORT DU GRAIN SUBDIVISION
| BETWEEN / ENTRE
| MILEAGE / MILLAGES
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Alliance
| Alliance Jct. (M 0.0)
| Alliance (M 59.7)
| 59.7
| Amiens
| Spiritwood (M 49.1)
| England (M 75.0)
| 25.9
| Arborfield
| Crane (M 0.0)
| Arborfield (M 19.4)
| 19.4
| Athabasca
| Morin Jct. (M 20.2)
| Legal (M 32.2)
| 12.0
| Avonlea
| Moose Jaw Jct. (M 86.4)
| Moose Jaw Jct. (M 88.3)
| 1.9
| Barrhead
| Carley Jct. (M 0.0)
| Barrhead (M 26.5)
| 26.5
| Battleford
| Battleford (M 0.0)
| Battleford Jct. (M 7.8)
| 7.8
| Blaine Lake
| Carlton (M 93.9)
| Denholm (M 116.5)
| 22.6
| Bolney
| Spruce Lake Jct. (M 0.0)
| Paradise Hill (M 15.7)
| 15.7
| Brooksby
| Naisberry Jct. (M 0.0)
| Carrot River (M 51.1)
| 51.1
| Carman
| Carman Jct. (M 0.0)
| Carman Jct. (M 0.1)
| 0.1
| Central Butte
| Kalium (M 25.0)
| Mile 44.2 (M 44.2)
| 19.2
| Conquest
| Conrose Jct. (M 0.0)
| Beechy (M 94.3)
| 94.3
| Cowan
| North Jct. (M 0.0)
| Garland (M 39.9)
| 39.9
| Cowan
| Minitonas (M 85.1)
| Swan River (M 98.5)
| 13.4
| Craik
| Warell (M 0.0)
| Newcross (M 154.1)
| 154.1
| Cromer
| Maryfield (M 75.8)
| Kipling (M 128.6)
| 52.8
| Cudworth
| Totzke (M 38.4)
| St. Louis (M 84.6)
| 46.2
| Elrose
| Conquest Jct. (M 0.0)
| Glidden (M 104.8)
| 104.8
| Erwood
| Swan River (M 0.0)
| Birch River (M 22.9)
| 22.9
| Glenavon
| Kipling (M 0.0)
| McCallum (M 87.5)
| 87.5
| Grande Prairie
| Hythe (M 89.1)
| Dawson Creek (M 138.9)
| 49.8
| Imperial
| Watrous (M 0.0)
| End of Track (M 9.2)
| 9.2
| Lewvan
| Minard Jct. (M 0.0)
| Whitmore (M 115.9)
| 115.9
| Mantario
| Mantario Jct. (M 0.0)
| Glidden (M 43.8)
| 43.8
| Matador
| Matador Jct. (M 0.0)
| Kyle (M 29.7)
| 29.7
| Miami
| Morris (M 0.0)
| Morris (M 2.0)
| 2.0
| Neepawa
| End of Track / Fin de la route (M 0.0)
| Neepawa (M 1.1)
| 1.1
| Preeceville
| Thunderhill Jct. (M 0.0)
| Sturgis Jct. (M 65.3)
| 65.3
| Preeceville
| Lilian (M 67.4)
| Preeceville (M 72.7)
| 5.3
| Rhein
| Campbell (M 0.0)
| Rhein (M 14.0)
| 14.0
| Robinhood
| Speers Jct. (M 0.0)
| Glaslyn (M 69.6)
| 69.6
| St. Brieux
| St. Brieux Jct. (M 0.0)
| Humboldt Jct. (M 54.1)
| 54.1
| Tisdale
| Hudson Bay (M 0.0)
| Dief (M 157.6)
| 157.6
| Turtleford
| North Battleford (M 0.0)
| St. Walburg (M 77.7)
| 77.7
| White Bear
| Eston Jct. (M 0.0)
| Lacadena (M 24.5)
| 24.5
| TOTAL CN
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| 1597.4
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| CP GRAIN-DEPENDENT BRANCH LINES / EMBRANCHEMENTS DU CP TRIBUTAIRES DU TRANSPORT DU GRAIN SUBDIVISION
| BETWEEN / ENTRE
| MILEAGE /MILLAGES
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Altawan
| Shaunavon (M 0.0)
| Notukeu (M 65.7)
| 65.7
| Arborg
| Rugby (M 5.4)
| Arborg (M 74.9)
| 69.5
| Arcola
| Schwitzer (M 0.0)
| Carlyle (M 86.9)
| 86.9
| Bromhead
| Estevan (M 0.0) End of Track / Fin de la route Southall Wye (M 1.0)
| Tribune (M 41.0)
| 42.0
| Bulyea
| Neudorf (M 0.0)
| Bulyea (M 86.4)
| 86.4
| Cardston
| Stirling (M 0.0)
| Cardston (M 42.3)
| 42.3
| Expanse
| Curle (M 0.0) incl. Assiniboia East Spur (M 2.5) / y compris l’embranchement Assiniboia East
| Assiniboia (M 65.2)
| 67.7
| Fife Lake
| Assiniboia (M 0.0)
| Coronach (M 60.5)
| 60.5
| Glenboro/Carman
| Murray Park (M 5.1)
| Souris (M 146.0)
| 140.9
| Gravelbourg
| Mossbank Jct. (M 0.0)
| Hodgeville (M 53.1)
| 53.1
| Gretna — La Rivière
| Rosenfeld Jct. (M 0.0)
| Altona (M 6.8)
| 6.8
| Gretna — La Rivière
| La Rivière (M 11.5)
| Rosenfeld Jct. (M 54.2)
| 42.7
| Hatton
| Hatton (M 0.0)
| Golden Prairie (M 17.8)
| 17.8
| Irricana
| Bassano (M 0.0)
| Standard (M 36.5)
| 36.5
| Kerrobert
| Conquest (M 8.6) incl. Spur (M 1.4) / y compris l’embranchement (M 1.4)
| Kerrobert (M 102.5)
| 95.3
| Lac du Bonnet
| Beauséjour (M 33.8)
| Molson (M 43.6)
| 9.8
| La Rivière
| Rosenfeld (M 54.2)
| La Rivière (M 111.0)
| 56.8
| Lacombe
| Stettler (M 59.5)
| Nevis (M 70.8)
| 11.3
| Lloydminster
| Wilkie (M 0.0)
| Lloydminster (M 104.3)
| 104.3
| Lomond
| Eltham (M 0.0)
| Vauxhall (M 97.0)
| 97.0
| Macklin
| Kerrobert (M 0.0)
| Macklin (M 46.4)
| 46.4
| Macleod
| Aldersyde (M 31.5)
| High River (M 39.2)
| 7.7
| Melfort
| Lanigan (M 0.0)
| Naicam (M 49.4)
| 49.4
| Napinka
| La Rivière (M 0.0)
| Napinka (M 108.5)
| 108.5
| Notukeu
| Notukeu (M 0.0)
| Val Marie (M 96.9)
| 96.9
| Outlook
| Moose Jaw (M 2.3)
| Broderick (M 115.8)
| 113.5
| Radville
| Exon (M 0.0)
| End of Track / Fin de la route (M 98.0)
| 98.0
| Reford
| Kerrobert (M 0.0)
| Wilkie (M 42.8)
| 42.8
| Rocanville
| Sylspur (M 50.7)
| Rocanville (M 53.5)
| 2.8
| Shaunavon
| Assiniboia (M 0.0)
| Shaunavon (M 118.2)
| 118.2
| Stirling
| Etzikom (M 20.7)
| Stirling (M 84.5)
| 63.8
| Tisdale/Kelvington
| Goudie (M 0.0) incl. Kelvington (M 14.2) / y compris l’embranchement Kelvington
| Nipawin (M 131.7)
| 145.9
| Tyvan
| Stoughton (M 0.0)
| Crecy (M 89.1)
| 89.1
| Vanguard
| Swift Current (M 0.3)
| Meyronne (M 76.3)
| 76.0
| White Fox
| Nipawin (M 0.0)
| Choiceland (M 28.4)
| 28.4
| Willingdon
| Lloydminster (M 0.0)
| Bruderheim (M 144.1)
| 144.1
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| TOTAL CP
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| 2424.8
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1996, c. 10, Sch. I; 2000, c. 16, s. 18. 1996, ch. 10, ann. I; 2000, ch. 16, art. 18. |
| Alfalfa meal, pellets or cubes, dehydrated Barley Barley, crushed Barley, pearl Barley, pot Barley sprouts Bean (except soybean) derivatives (flour, protein, isolates, fibre) Beans (except soybeans), including faba beans, splits and screenings Bran Breakfast foods or cereals (uncooked) in bags, barrels or cases manufactured from commodities only as listed in this schedule Buckwheat Canary seed Corn, cracked Corn (not popcorn) 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 Flax fibre Flax seed Flour, other than wheat, semolina or pea Flour, wheat or semolina Grain, feed, in sacks Groats Hulls, oat Lentils, including splits and screenings Malt (made from grain only) Meal, barley Meal, corn Meal, linseed Meal, oat Meal, rapeseed or canola Meal, rye Meal, wheat Meal, oil cake, linseed Meal, oil cake, rapeseed or canola Meal, oil cake, sunflower seed Middlings Millfeed Mustard seed Oats Oats, crushed Oats, rolled Oil, linseed Oil, rapeseed or canola Oil, sunflower seed Oil cake, linseed Oil cake, rapeseed or canola Oil cake, sunflower seed Pea derivatives (flour, protein, isolates, fibre) Peas, including splits and screenings Rapeseed or canola Rye Screenings or screenings pellets (applicable only to screenings from grains specified in this schedule) Seed grain in sacks Shorts Sunflower seed Triticale Wheat Wheat, rolled Wheat germ |
| [Repealed, 2000, c. 16, s. 19]
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