Injunctions
and orders
|
42. (1) When it appears to the Board that
any person or organization has engaged in, is
engaged in or is about to engage in any acts or
practices in contravention of any provision of
a regulation under this Act or in contravention
of any decision or order made by the Canadian
Transportation Agency or the National Energy
Board pursuant to a direction given under this
Act, the Board may request the Attorney
General of Canada to bring an action in the
Federal Court or any superior court to enjoin
those acts or practices.
|
|
R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 5)
|
(2) Paragraph 42(2)(b) of the Act is
replaced by the following:
|
|
|
|
|
R.S.C. 1970,
c. E-11
|
Exchequer Court Act
|
|
|
223. (1) Subparagraph 26(1)(a)(i) of the
Exchequer Court Act is replaced by the
following:
|
|
|
|
|
|
(2) Subsection 26(2) of the Act is replaced
by the following:
|
|
Mortgages
under Canada
Transporta- tion Act
|
(2) Nothing in this section in any way
affects the power of a company to secure its
bonds, debentures or other securities by a
mortgage on its property, assets, rents and
revenues, or with respect to the powers,
privileges, preferences, priorities and
restrictions otherwise authorized to be granted
or imposed on the holders of those bonds,
debentures or other securities.
|
|
|
224. Paragraph 27(1)(g) of the Act is
replaced by the following:
|
|
|
|
|
R.S., c. E-15
|
Excise Tax Act
|
|
R.S., c. 28
(3rd Supp.), s.
287(1)
|
225. Paragraph (a) of the definition
``certified air carrier'' in section 8 of the
Excise Tax Act is replaced by the following:
|
|
|
|
|
R.S., c. 28
(3rd Supp.), s.
289(2)
|
226. Paragraph 21(f) of the Act is
replaced by the following:
|
|
|
|
|
R.S., c. E-17
|
Explosives Act
|
|
|
227. The definition ``vehicle'' in section 2
of the Explosives Act is replaced by the
following:
|
|
``vehicle'' « véhicules »
|
``vehicle'' means any truck, automobile or
other conveyance for use on land but does
not include any vehicle running only on
rails to which Part III of the Canada
Transportation Act applies.
|
|
R.S., c. E-21
|
Expropriation Act
|
|
|
228. The Expropriation Act is amended by
adding the following after section 4:
|
|
Request by
railway
company to
expropriate
|
4.1 (1) Where a railway company, as
defined in section 87 of the Canada
Transportation Act, requires an interest in
land for the purposes of its railway and has
unsuccessfully attempted to purchase the
interest in land, the railway company may
request the Minister of Transport to have the
Minister have the interest in land expropriated
by the Crown in accordance with this Part.
|
|
Power of
Minister
|
(2) The Minister shall have the interest in
land expropriated by the Crown in accordance
with this Part where
|
|
|
|
|
|
|
|
Deemed
opinion
|
(3) If the Minister of Transport is of the
opinion that the interest in land is required by
the railway company for its railway, the
Minister is deemed to be of the opinion that the
interest in land is required by the Crown for a
public work or other public purpose.
|
|
Charges for
services
|
(4) The appropriate minister in relation to
Part I of this Act may make regulations
prescribing fees or charges to be paid by a
railway company in respect of an
expropriation referred to in subsection (2),
and rates of interest payable in respect of those
fees and charges.
|
|
Debt due to
Her Majesty
|
(5) The fees or charges are a debt due to Her
Majesty in right of Canada by the railway
company, and shall bear interest at the
prescribed rate from the date they are payable.
|
|
Security
|
(6) The Minister may require the company
to provide security, in an amount determined
by the Minister and subject to any terms and
conditions that the Minister may specify, for
the payment of any fees or charges that are or
may become payable under this section.
|
|
Vesting of
interest in
land
|
(7) For the purpose of this section, the
reference to the Crown in section 15 shall be
construed as a reference to the railway
company that made a request under subsection
(1).
|
|
Restriction on
alienation
|
(8) Where an interest in land that was vested
in the Crown before the expropriation vests in
a railway company pursuant to section 15, the
railway company may not alienate that
interest except to transfer it to the Crown.
|
|
R.S., c. F-7
|
Federal Court Act
|
|
|
229. Paragraph 28(1)(k) of the Federal
Court Act is replaced by the following:
|
|
|
|
|
R.S., c. F-11
|
Financial Administration Act
|
|
1992, c. 1, s.
72
|
229.1 Schedule I.1 to the Financial
Administration Act is amended by striking
out, in column I, the reference to
|
|
|
National Transportation Agency
|
|
|
|
|
|
and the corresponding reference in column
II to the ``Minister of Transport''.
|
|
|
229.2 Schedule I.1 to the Act is amended
by adding, in alphabetical order in column
I, a reference to
|
|
|
Canadian Transportation Agency
|
|
|
|
|
|
and a corresponding reference in column II
to the ``Minister of Transport''.
|
|
R.S., c. G-5
|
Government Employees Compensation Act
|
|
|
229.3 Subsection 4(4) of the Government
Employees Compensation Act is repealed.
|
|
R.S., c. H-1
|
Harbour Commissions Act
|
|
|
230. Section 23 of the Harbour
Commissions Act is replaced by the
following:
|
|
Expropria- tion
|
23. (1) A Commission may, with the
approval of the Governor in Council and in
accordance with the Expropriation Act,
expropriate an interest in land for the purposes
of this Act where it is unable to agree with the
owner respecting the price to be paid for the
interest in land.
|
|
Notice to
appropriate
minister
|
(2) Where the Governor in Council
approves an expropriation under subsection
(1), the Commission shall so advise the
appropriate minister in relation to Part I of the
Expropriation Act.
|
|
Expropria- tion Act
|
(3) For the purposes of the Expropriation
Act, an interest in land that the Governor in
Council has approved the expropriation of
under subsection (1) is deemed to be an
interest in land that, in the opinion of the
appropriate minister in relation to Part I of the
Expropriation Act, is required for a public
work or other public purpose, and a reference
to the Crown in that Act shall be construed as
a reference to the Commission.
|
|
Charges for
services
|
(4) The appropriate minister in relation to
Part I of the Expropriation Act may make
regulations prescribing fees or charges to be
paid by a Commission in respect of an
expropriation referred to in subsection (1),
and rates of interest payable in respect of those
fees and charges.
|
|
Debt due to
Her Majesty
|
(5) The fees or charges are a debt due to Her
Majesty in right of Canada by the
Commission, and shall bear interest at the
prescribed rate from the date they are payable.
|
|
Security
|
(6) The Minister may require the
Commission to provide security, in an amount
determined by the Minister and subject to any
terms and conditions that the Minister may
specify, for the payment of any fees or charges
that are or may become payable under this
section.
|
|
R.S., c. 52
(4th Supp.)
|
Heritage Railway Stations Protection Act
|
|
|
231. Subsection 2(2) of the Heritage
Railway Stations Protection Act is replaced
by the following:
|
|
Part III of the
Canada
Transporta- tion Act
|
(2) Unless otherwise provided, words and
expressions used in this Act have the same
meaning as in Part III of the Canada
Transportation Act.
|
|
|
232. Section 3 of the Act is replaced by the
following:
|
|
Application
|
3. This Act applies to railway companies to
which Part III of the Canada Transportation
Act applies.
|
|
R.S., c. J-1
|
Judges Act
|
|
|
233. Subsection 56(2) of the Judges Act is
replaced by the following:
|
|
Acting as
statutory
assessor or
arbitrator
|
(2) Subsection (1) does not apply to judges
acting as arbitrators or assessors of
compensation or damages under any public
Act, whether of general or local application,
of Canada or of a province, whereby a judge
is required or authorized without authority
from the Governor in Council or lieutenant
governor in council to assess or ascertain
compensation or damages.
|
|
R.S., c. L-2
|
Canada Labour Code
|
|
|
234. The definition ``private constable''
in subsection 3(1) of the Canada Labour
Code is replaced by the following:
|
|
``private
constable'' « agent de police privé »
|
``private constable'' means a person
appointed as a police constable under Part
III of the Canada Transportation Act or as
a police constable under the Canada Ports
Corporation Act;
|
|
1989, c. 3, s.
45
|
235. Paragraph 127(2)(a) of the Act is
replaced by the following:
|
|
|
|
|
R.S., c. N-4
|
National Capital Act
|
|
|
236. Subsection 13(3) of the National
Capital Act is replaced by the following:
|
|
Application of
Part III of the
Canada
Transporta- tion Act
|
(3) Part III of the Canada Transportation
Act, with such modifications as the
circumstances require, is applicable to the
exercise of the powers conferred by this
section, but nothing in this section is deemed
to constitute the Commission a railway
company except for the purpose of subsection
(2).
|
|
R.S., c. N-7
|
National Energy Board Act
|
|
R.S., c. 28
(3rd Supp.), s.
299(1)
|
237. The definition ``pipeline'' in section
2 of the National Energy Board Act is
replaced by the following:
|
|
``pipeline'' « pipeline »
|
``pipeline'' means a line that is used or to be
used for the transmission of oil, gas or any
other commodity and that connects a
province with any other province or
provinces or extends beyond the limits of a
province or the offshore area as defined in
section 123, and includes all branches,
extensions, tanks, reservoirs, storage
facilities, pumps, racks, compressors,
loading facilities, interstation systems of
communication by telephone, telegraph or
radio and real and personal property and
works connected therewith, but does not
include a sewer or water pipeline that is
used or proposed to be used solely for
municipal purposes;
|
|
|
237.1 Subsection 47(1) of the Act is
replaced by the following:
|
|
Leave to open
line
|
47. (1) No pipeline and no section of a
pipeline shall be opened for the transmission
of hydrocarbons or any other commodity by a
company until leave to do so has been
obtained from the Board.
|
|
1990, c. 7, s.
18
|
238. Paragraph 52(a) of the Act is
replaced by the following:
|
|
|
|
|
1990, c. 27, s.
23
|
239. Subsection 58.29(5) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a) and by repealing
paragraph (b).
|
|
1990, c. 27, s.
23
|
240. Subsection 58.3(2) of the Act is
replaced by the following:
|
|
Exemptions
|
(2) The Minister of Transport may provide
that leave under section 58.29 is not necessary
if the power line is constructed across, on,
along or under a navigable water or a railway,
as the case may be, in accordance with the
orders, regulations, plans and specifications
made, adopted or approved by the Minister for
those purposes.
|
|
|
241. Subsection 60(2) of the Act is
replaced by the following:
|
|
Compliance
|
(2) Where gas or a commodity other than oil
transmitted by a company through its pipeline
is the property of the company, the company
shall file with the Board, on the making
thereof, true copies of all the contracts it may
make for the sale of the gas or commodity and
of any amendments from time to time made
thereto, and the true copies so filed are
deemed, for the purposes of this Part, to
constitute a tariff pursuant to subsection (1).
|
|
|
242. The portion of subsection 69(1) of
the Act after paragraph (b) is replaced by
the following:
|
|
|
|
|
|
243. (1) Subsection 70(1) of the Act is
replaced by the following:
|
|
Contracts
limiting
liability of
company
|
70. (1) Except as provided in this section, no
contract, condition or notice made or given by
a company impairing, restricting or limiting
its liability in respect of the transmission of
hydrocarbons or any other commodity
relieves the company from its liability, unless
that class of contract, condition or notice is
included as a term or condition of its tariffs as
filed or has been first authorized or approved
by order or regulation of the Board.
|
|
|
(2) Subsection 70(3) of the Act is replaced
by the following:
|
|
Terms and
conditions
|
(3) The Board may prescribe the terms and
conditions under which hydrocarbons or any
other commodity may be transmitted by a
company.
|
|