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(2) If a railway company to whom
subsection 146(3) applies does not resume
operations in the time provided for in that
subsection and does not enter into an
agreement for the sale, lease or other transfer
of the applicable railway line, or applicable
interest in a railway line, after following the
process set out in sections 143 to 145, the
railway company shall, beginning on the day
after the last day its offer could have been
accepted under the process set out in section
145, make three annual payments to the
municipality or district in which the railway
line, or portion of line, as the case may be, is
located, in the amount equal to $10,000 for
each mile of the line or portion in the
municipality or district.
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| List of
metropolitan
sidings and
spurs to be
dismantled
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146.2 (1) A railway company shall prepare
and keep up to date a list of its sidings and
spurs in metropolitan areas that it plans to
dismantle.
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| Publication of
list and
notification of
changes
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(2) The railway company shall publish the
list on its Internet site, and whenever it makes
a change to the list, it shall notify the following
of the change within 10 days after the change:
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(c) the minister responsible for
transportation matters in the government of
the province in which the siding or spur that
is the subject of the change is located;
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(d) the chairperson of the urban transit
authority in whose territory the siding or
spur that is the subject of the change is
located; and
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(e) the clerk or other senior administrative
officer of the municipal or district
government in which the siding or spur that
is the subject of the change is located.
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| Limitation
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(3) A railway company shall not take steps
to dismantle a siding or a spur until at least 12
months have elapsed since the siding or spur
was added to the list.
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| Offer to
governments
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(4) Before dismantling a siding or a spur
that has been on the list for at least 12 months,
a railway company shall send simultaneously
to each of the following an offer to transfer all
of its interest in the siding or spur for not more
than its net salvage value:
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(b) the minister responsible for
transportation matters in the government of
the province in which the siding or spur is
located;
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(c) the chairperson of the urban transit
authority in whose territory the siding or
spur is located; and
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(d) the clerk or other senior administrative
officer of the municipal or district
government in which the siding or spur is
located.
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| Time limits
for acceptance
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(5) Subject to subsection 146.3(3), after the
offer is received
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(a) by the Minister, the Government of
Canada may accept it within 30 days;
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(b) by the provincial minister, the
government of the province may accept it
within an additional 30 days after the end of
the period mentioned in paragraph (a) if it
is not accepted under that paragraph;
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(c) by the chairperson of an urban transit
authority, that authority may accept it
within an additional 30 days after the end of
the periods for acceptance under
paragraphs (a) and (b), if it is not accepted
under those paragraphs; and
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(d) by the clerk or other senior
administrative officer of a municipal or
district government, that government may
accept it within an additional 30 days after
the end of the periods for acceptance under
paragraphs (a), (b) and (c), if it is not
accepted under those paragraphs.
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| Communicati
on and notice
of acceptance
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(6) Once a government or an urban 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 shall
notify the other governments and urban transit
authorities of the acceptance.
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| Net salvage
value
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(7) 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, the urban transit authority or the
railway company, determine the net salvage
value.
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| Dismantling
permitted
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(8) If the offer is not accepted, the railway
company may dismantle the siding or spur on
providing notice to the Agency.
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| Determination
of net salvage
value before
expiry of time
to accept offer
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146.3 (1) A person to whom a railway line
is offered under section 145, or to whom a
siding or spur is offered under section 146.2,
may apply to the Agency for a determination
of the net salvage value of the railway line,
siding or spur, as the case may be, at any time
before the expiry of the period available to the
person to accept the offer.
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| Notification
of application
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(2) The applicant shall without delay
provide a copy of the application to the
railway company, and the railway company
shall without delay notify every other person
to whom the offer was made and whose time
to accept the offer has not expired that an
application for a determination of the net
salvage value was made.
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| Effect of
application
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(3) If an application is made under
subsection (1), the time available to the
applicant to accept the offer expires on the day
that is 30 days after the day the Agency
notifies the applicant of its determination of
the net salvage value and the 30-day period for
each other person to accept the offer is
calculated on the expiry of the period
available to the applicant to accept the offer.
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| Costs
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(4) The applicant shall reimburse the
Agency's costs associated with the
application.
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| Passenger
railway
stations
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146.4 Sections 146.2 and 146.3 apply, with
any modifications that the circumstances
require, to passenger railway stations in
Canada that a railway company plans to sell,
lease or otherwise transfer or dismantle.
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52. The Act is amended by adding the
following after section 151:
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List of Available Sidings
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| List of
available
sidings
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151.1 (1) A railway company shall prepare
and keep up to date a list of the sidings that it
makes available in the Western Division
where railway cars that are allocated by the
Canadian Grain Commission under
subsection 87(2) of the Canada Grain Act can
be loaded.
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| Publication of
list
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(2) The railway company shall publish the
list on its Internet site.
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| Removal from
list
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(3) A railway company may remove a
siding from the list only after the expiry of 60
days after the publication of a notice of its
intention to do so in a newspaper of general
circulation in the area where the siding is
located.
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53. (1) The Act is amended by adding the
following after section 152:
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Dispute Resolution
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| Application
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152.1 (1) Whenever a public passenger
service provider and a railway company are
unable to agree in respect of any matter raised
in the context of the negotiation of any
agreement concerning the use of the railway
company's railway, land, equipment, facilities
or services by the public passenger service
provider or concerning the conditions, or the
amount to be paid, for that use, the public
passenger service provider may, after
reasonable efforts to resolve the matter have
been made, apply to the Agency to decide the
matter.
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| Application
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(2) Whenever a public passenger service
provider and a railway company are unable to
agree in respect of any matter raised in the
context of the implementation of any matter
previously decided by the Agency, either the
public passenger service provider or the
railway company may, after reasonable efforts
to resolve the matter have been made, apply to
the Agency to decide the matter.
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| Amount to be
fixed
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152.2 (1) If, pursuant to an application
made under subsection 152.1(1), the Agency
fixes the amount to be paid by the public
passenger service provider for the use of any
of the railway company's railway, land,
equipment, facilities or services, that amount
must reflect the cost associated with the public
passenger service provider's use of that
railway, land or equipment or those facilities
or services.
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| Factors
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(2) In determining that amount, the Agency
must take into consideration, among other
things,
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(a) the variable costs incurred by the
railway company as a result of the public
passenger service provider's use of the
railway company's railway, land,
equipment, facilities or services, including,
but not limited to, its variable costs incurred
to maintain safe operations and to avoid
congestion and undue delay;
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(b) the railway company's cost of capital,
based on a rate set by the Agency, applied
to the net book value of the assets to be used
by the public passenger service provider,
less any amount to be paid by the public
passenger service provider in respect of
those assets;
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(c) the cost of any improvements made by
railway company in relation to the public
passenger service provider's use of the
railway company's railway, land,
equipment, facilities or services;
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(d) a reasonable contribution towards the
railway company's constant costs; and
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(e) the value of any benefits that would
accrue to the railway company from any
investment made by the public passenger
service provider.
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| Duration of
decision
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152.3 Any decision of the Agency in respect
of an application made under subsection
152.1(1) is binding on the parties for a period
of five years after the day on which the
decision is made, or for any other period
agreed to by the parties that is specified in the
decision.
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Agreements
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| Providing
copies
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152.4 (1) A railway company or a public
passenger service provider must provide to
any person who requests it
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(a) a copy of any agreement entered into on
or after the day on which this section comes
into force concerning the use of the railway
company's railway, land, equipment,
facilities or services; and
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(b) subject to subsection (2), a copy of any
agreement entered into before the day on
which this section comes into force
concerning the use of the railway
company's railway, land, equipment,
facilities or services.
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| Exclusion
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(2) The Agency may, on application by a
railway company or a public passenger
service provider, exclude an agreement, or
any specified portion of an agreement, from
the application of paragraph (1)(b) on the
grounds that harm would likely result to the
applicant if the agreement, or the specified
portion, were to be disclosed.
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| Transitional
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(2) Section 152.1 of the Act, as enacted by
subsection (1), does not apply in respect of
agreements entered into before the day on
which this section comes into force.
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54. Section 158 of the Act and the heading
before it are repealed.
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55. Section 160 of the Act is replaced by
the following:
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| Passenger rail
services
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160. Sections 161 to 169 also apply, with
such modifications as the circumstances
require, in respect of the rates charged or
proposed to be charged by, and in respect of
any of the conditions associated with the
provision of services by, a railway company to
any other railway company that is engaged in
passenger rail services, other than a public
passenger service provider .
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| 2000, c. 16,
s. 11(1)
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56. Subsection 161(1) of the Act is
replaced by the following:
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| Submission
for final offer
arbitration
|
161. (1) A shipper who is dissatisfied with
the charge or rate charged or proposed to be
charged by a carrier for the movement of
goods or for any incidental services , or with
any term or condition associated with the
movement of goods or any incidental
services , may, if the matter cannot be resolved
between the shipper and the carrier, submit the
matter in writing to the Agency for a final offer
arbitration to be conducted by one arbitrator
or, if the shipper and the carrier agree, by a
panel of three arbitrators.
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| 2000, c. 16,
s. 15
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57. The portion of section 164.1 of the Act
before paragraph (a) is replaced by the
following:
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| Summary
process
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164.1 If the Agency determines that a
shipper's final offer submitted under
subsection 161.1(1) involves freight charges
in an amount of not more than $750,000 and
the shipper did not indicate a contrary
intention when submitting the offer, section
163 and subsection 164(1) do not apply, and
the arbitration is to proceed as follows:
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58. The Act is amended by adding the
following after section 169:
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| Joint offer of
several
shippers
|
169.1 (1) Sections 161 to 169 apply, with
any modifications that the circumstances
require, in the case where more than one
shipper is dissatisfied with any charge or rate
charged or proposed to be charged by a carrier
for the movement of goods or for any
incidental services, or with any term or
condition associated with the movement of
goods or any incidental services.
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| Common
matter and
equal
application of
the offer
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(2) The matter submitted to the Agency for
a final offer arbitration must be common to all
the shippers, they must make a joint offer in
respect of the matter and the terms of that offer
must apply to all of them equally.
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| Extension of
time for
making
decision
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(3) Despite paragraph 165(2)(b), in the case
of a matter submitted to the Agency by more
than one shipper, the arbitrator may, if he or
she considers it necessary, extend the periods
referred to in that paragraph by an additional
period of up to 60 days.
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| Other persons
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169.2 (1) Sections 161 to 169 apply, with
any modifications that the circumstances
require, in the case of a person, other than a
shipper, or a group of such persons, who is or
are subject to a charge or rate charged or
proposed to be charged by a carrier for the
movement of goods or for any incidental
services, or with any term or condition
associated with the movement of goods or any
incidental services.
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| Common
matter and
equal
application of
the offer
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(2) In the case of a group of persons referred
to in subsection (1), the matter submitted to
the Agency for a final offer arbitration must be
common to all of them, the group must make
a joint offer in respect of the matter and the
terms of that offer must apply to all members
of the group equally.
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| Extension of
time for
making
decision
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(3) Despite paragraph 165(2)(b), in the case
of a matter submitted to the Agency by a group
of persons under subsection (1), the arbitrator
may, if he or she considers it necessary, extend
the periods referred to in that paragraph by an
additional period of up to 60 days.
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59. The Act is amended by adding the
following after section 172:
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