(e) the portion of subsection 48(2) of that Act before paragraph (a) is replaced by the following:

Disposition of application and appeal

(2) Subject to the thirty day period set out in subsection (1) in respect of an application under subsection (1) and in respect of any appeal that results therefrom,

    (f) subsection 55(7) of that Act is replaced by the following:

Order re rate scale for 1994-95 crop year

(7) Notwithstanding any provision of this Act or of any other Act of Parliament other than subsection 36(1) of the Canada Transportation Act and notwithstanding any previous order made under section 35, the Commission shall, in accordance with that section and sections 36 and 37 and not later than fifteen days after the coming into force of subsection (6), by order, vary the order prescribing the annual rate scale for the crop year beginning on August 1, 1994, and notwithstanding any tariff filed and published pursuant to section 43, every railway company shall file and publish the new tariff in respect of the crop year beginning on August 1, 1994 in accordance with section 43 not later than fifteen days after the varying order is made.

Bill C-89

281. If Bill C-89, introduced in the first session of the thirty-fifth Parliament and entitled An Act to provide for the continuance of the Canadian National Railway Company under the Canada Business Corporations Act and for the issuance and sale of shares of the Company to the public, is assented to, then

    (a) on the later of the day on which subsections 3(2) and (3) of that Act come into force and the day on which this section comes into force, subsections 3(2) and (3) of that Act are replaced by the following:

Operation of Competition Act

(2) Nothing in, or done under the authority of, this Act affects the operation of the Competition Act in respect of the acquisition of any interest in CN.

    (b) if this section comes into force before section 18 of that Act comes into force, then

      (i) the text struck out by section 1 of Schedule I to that Act is replaced by the following:

Canadian National Railways (as defined in the Canadian National Railways Act)

    Chemins de fer nationaux du Canada

      (ii) section 3 of Schedule I to that Act and the heading before it are repealed,

      (iii) Schedule I to the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act is amended by striking out the following:

Canadian National Railways (as defined in the Canadian National Railways Act including, without restricting the generality of the foregoing, the Canadian National Railway Company in respect of the management and operation of Canadian Government Railways as defined in that Act)

    Chemins de fer nationaux du Canada

      (iv) Schedule I to Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act is following in alphabetical order:

Canadian National Railways (as defined in the Canadian National Railways Act)

    Chemins de fer nationaux du Canada

Bill C-89

282. If Bill C-89, introduced in the first session of the thirty-fifth Parliament and entitled An Act to provide for the continuance of the Canadian National Railway Company under the Canada Business Corporations Act and for the issuance and sale of shares of the Company to the public, is not assented to before this section comes into force, or if it is assented to and this section comes into force before the day on which the Canadian National Railway Company becomes a corporation to which the Canada Business Corporations Act applies, then

    (a) the definition ``Canadian Government Railways'' in section 2 of the Canadian National Railways Act is repealed;

    (b) the definitions ``Agency'' and ``National Railways'' in section 2 of that Act are replaced by the following:

``Agency''
« Office »

``Agency'' means the Canadian Transportation Agency;

``National Railways''
« Chemins de fer nationaux »

``National Railways'' comprises Canadian National Railways and all the companies, not in Canada, mentioned or referred to in the schedule.

    (c) subsection 12(1) of that Act is replaced by the following:

How shareholders' approval given

12. (1) Whenever under the provisions of any statute or law, the approval, sanction or confirmation by shareholders is required with respect to any company comprised in Canadian National Railways, the approval, sanction or confirmation may be given by the Governor in Council.

    (d) section 15 of that Act is repealed;

    (e) section 16 of that Act is replaced by the following:

Act applicable to National Company

16. All the provisions of the Canada Transportation Act apply to the National Company except those that are inconsistent with the provisions of this Act.

    (f) section 17 of that Act is repealed;

    (g) paragraph 23(3)(c) of that Act is replaced by the following:

    (c) the interchange of traffic and running rights, except running rights where those rights otherwise exist under subsection (1);

    (h) paragraph 23(6) of that Act is repealed;

    (i) section 33 of that Act is replaced by the following:

Registration of mortgages

33. Section 104 of the Canada Transportation Act respecting deposit and registration of mortgages and instruments in any way affecting mortgages apply to any mortgages or instruments affecting mortgages heretofore or hereafter executed by any company comprised in Canadian National Railways securing any issue of bonds, debentures or other securities and notarially certified copies of those mortgages or instruments may be deposited or registered hereunder in lieu of the original documents.

    (j) section 36 of that Act is repealed;

    (k) subsection 44(1) of that Act is replaced by the following:

Actions, suits or other proceedings

44. (1) Actions, suits or other proceedings by or against the National Company in respect of its undertaking may, in the name of the National Company, be brought in and may be heard by any judge or judges of any court of competent jurisdiction in Canada, with the same right of appeal as may be had from a judge sitting in court under the rules of court applicable thereto.

    (l) section 45 of that Act is replaced by the following:

Inquiry and report regarding National Railways

45. The Minister of Transport may appoint or direct any person to inquire into and report on any matters or things relating to or affecting National Railways or their works and undertakings, and any person so appointed or directed may, for the purposes of and in connection with the inquiry or report, do all such things and exercise all such powers as are referred to or mentioned in section 39 of the Canada Transportation Act.

Coming into Force

Coming into force

283. 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.