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Main page on: Canada Transportation Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/C-10.4/225013.html
Act current to September 15, 2006

[Previous]


PART VII

REPEALS, TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Repeals

182. to 184. [Repeals]

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 (1) Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway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*(2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.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.

Transitional Provisions

186. For the purposes of sections 187 to 199, “National Transportation Agency” means the National Transportation Agency established by the National Transportation Act, 1987.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

200. [Repealed, 1996, c. 10, s. 200]

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.

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.

Consequential and Related Amendments

202. to 274. [Amendments]

Conditional Amendments

275. to 277. [Amendments]

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.]

SCHEDULE I / ANNEXE I

(Sections 116, 141, 142, 146.1) / (articles 116, 141, 142, 146.1)

CN GRAIN-DEPENDENT BRANCH LINES / EMBRANCHEMENTS DU CN TRIBUTAIRES DU TRANSPORT DU GRAIN

SUBDIVISION

BETWEEN / ENTRE

MILEAGE / MILLAGES

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

 

 

1597.4

CP GRAIN-DEPENDENT BRANCH LINES / EMBRANCHEMENTS DU CP TRIBUTAIRES DU TRANSPORT DU GRAIN

SUBDIVISION

BETWEEN / ENTRE

MILEAGE /MILLAGES

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

 

 

 

 

TOTAL CP

 

 

2424.8

1996, c. 10, Sch. I; 2000, c. 16, s. 18.

1996, ch. 10, ann. I; 2000, ch. 16, art. 18.

SCHEDULE II

(Sections 147 and 155)

GRAIN, CROP OR PRODUCT

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

SCHEDULES III AND IV

[Repealed, 2000, c. 16, s. 19]






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