ENGLISH
• SUMMARY
SUMMARY
• Short Title
Short Title
• Interpretation
Interpretation
• Continuance
Continuance
• Minister
Minister
• Mandate — Passenger Rail Service
Mandate — Passenger Rail Service
• Capacity and Powers
Capacity and Powers
• Head Office
Head Office
• Board of Directors
Board of Directors
• Establishment
Establishment
• Chair
Chair
• Chief Executive Officer
Chief Executive Officer
• Reports
Reports
• Canada Transportation Act
Canada Transportation Act
• Transitional Provisions
Transitional Provisions
• Terminology Changes
Terminology Changes
• Coming into Force
Coming into Force
• SCHEDULE
SCHEDULE

SUMMARY

Short Title

Short title

1 This Act may be cited as the VIA Rail Canada Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

board means the board of directors of the Corporation established by section 13. (conseil)

Corporation means VIA Rail Canada continued by section 3. (Société)

Minister means the Minister of Transport. (ministre)

Continuance

Continuance of VIA Rail Canada Inc.

3 VIA Rail Canada Inc.‍, incorporated on January 12, 1977, under the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, is continued under this Act under the name VIA Rail Canada.

Charter

4 For the purposes of Part X of the Financial Administration Act, this Act is the charter of the Corporation.

Cessation of former legal regime

5 On the day on which this Act comes into force, the Canada Business Corporations Act ceases to apply to the Corporation and the constating documents of VIA Rail Canada Inc. cease to have effect.

Cancellation of shares

6 All shares of VIA Rail Canada Inc. are cancelled without any repayment of capital in respect of those shares. The capital constitutes a capital surplus of the Corporation.

Minister

Minister responsible

7 The Minister is the appropriate minister for the Corporation for the purposes of Part X of the Financial Administration Act.

Mandate — Passenger Rail Service

Mandate

8 (1) The Corporation’s mandate is to manage and provide safe and efficient passenger rail services in Canada that contribute to a sustainable environment and, in cooperation with other public passenger service providers, to improve passenger rail services in Canada.

Equipment, facilities and resources

(2) The Corporation may use excess equipment, facilities and resources for any commercial purpose that is ancillary to its mandate with a view to reducing the need for payments to the Corporation out of the Consolidated Revenue Fund.

Mandatory routes

9 (1) In carrying out its mandate, the Corporation must operate a service on all routes set out in the Schedule to this Act.

Stations

(2) Service at all stations on the routes set out in the schedule to this Act must be operated on a regular basis.

Schedule

(3) Subject to subsection (4), the Governor in Council may, by regulation,

• (a) amend the Schedule by adding or removing a route; and

• (b) provide that the requirement referred to in subsection (2) ceases to apply in respect of a station.

Affirmative resolution

(4) A regulation that either removes a route from the schedule to this Act or provides that the requirement referred to in subsection (2) ceases to apply in respect of a station is subject to affirmative resolution of Parliament.

Capacity and Powers

Legal capacity

10 The Corporation has the capacity and, subject to the other provisions of this Act, the rights, powers and privileges of a natural person.

Not an agent of Her Majesty

11 The Corporation is not an agent of Her Majesty in right of Canada.

Head Office

Head office

12 The head office of the Corporation is to be at a place in Canada that is designated by the Governor in Council.

Board of Directors

Establishment

Composition

13 (1) The Corporation’s board of directors is established, consisting of not more than 15 directors, including the chair and the chief executive officer.

Chair and chief executive officer

(2) The chair and the chief executive officer are to be appointed by the Governor in Council.

Other directors

(3) The directors, other than the chair and the chief executive officer, are to be appointed by the Minister, with the approval of the Governor in Council.

Chair

Role of chair

14 (1) The chair presides at meetings of the board and exercises any powers and performs any duties and functions that are assigned by the by-laws of the Corporation.

Incapacity or vacancy

(2) If the chair is absent or unable to act or if the office of chair is vacant, the board may designate another director to act as chair, but that person may act as chair for more than 90 days only with the approval of the Governor in Council.

Chief Executive Officer

Role of chief executive officer

15 (1) The chief executive officer is responsible for the direction and management of the business and day-to-day operations of the Corporation. The chief executive officer performs any duties and functions that are assigned by the by-laws of the Corporation.

Incapacity or vacancy

(2) If the chief executive officer is absent or unable to act or if the office of chief executive officer is vacant, the board may designate another director to act as chief executive officer, but that person may act as chief executive officer for more than 90 days only with the approval of the Governor in Council.

Reports

Punctuality

16 (1) The Corporation must compile information on its compliance with the railway timetable established for every route that it operates.

Publication

(2) The Corporation must publish statistics on its compliance with railway timetables on its website.

Report

(3) If, over a six-month period, the service on a particular route fails to comply with the railway timetable on more than 20% of the trips, the Corporation must provide the Minister with a report identifying the causes of those delays and the measures to be taken to improve compliance with the railway timetable on that route.

Regulations

(4) The Governor in Council may make regulations respecting the Corporation’s compliance with railway timetables, including regulations respecting

• (a) the compiling of information on the Corporation’s compliance;

• (b) the statistics to be published; and

• (c) the manner of determining whether the service on a particular route fails to comply with the timetable on more than 20% of the trips.

Report — long-term objectives

17 (1) Every five years, the Minister must prepare and cause to be laid before each House of Parliament a report establishing a long-term plan for the Corporation that includes

• (a) objectives regarding its financial performance and compliance with railway timetables;

• (b) any additional route on which passenger rail service is to be provided; and

• (c) objectives regarding its contribution to a sustainable environment and a reduction in the impact of its activities on the environment.

1996, c. 10

Canada Transportation Act

18 Section 138 of the Canada Transportation Act is amended by adding the following after subsection (2):

Transitional Provisions

Continuation — directors, chair and chief executive officer

19 The members of the board of directors of VIA Rail Canada Inc.‍, its chair and its chief executive officer continue to hold office as directors, chair and chief executive officer, respectively, of the Corporation according to the conditions of their appointments, until the expiry of their terms.

References

20 Every reference to VIA Rail Canada Inc. in any deed, contract or other document executed or, in Quebec, signed by VIA Rail Canada Inc. in its own name is to be read as a reference to VIA Rail Canada, unless the context requires otherwise.

Property

21 All rights and property held by or in the name of or in a trust for VIA Rail Canada Inc. and all obligations and liabilities of VIA Rail Canada Inc. are deemed to be rights, property, obligations and liabilities of the Corporation.

Continuation of legal proceedings

22 Any action, suit or other proceeding to which VIA Rail Canada Inc. is a party that is pending in any court on the day on which this Act comes into force may be continued by or against the Corporation in the same manner and to the same extent as it could have been continued by or against VIA Rail Canada Inc.

Commencement of legal proceedings

23 Any action, suit or other proceeding in respect of an obligation or liability incurred by VIA Rail Canada Inc. may be brought against the Corporation in any court that would have had jurisdiction if the action, suit or other proceeding had been brought against VIA Rail Canada Inc.

By-laws

24 Every by-law of VIA Rail Canada Inc. is, to the extent that it is consistent with this Act, a by-law of the Corporation.

Terminology Changes

Replacement of “VIA Rail Canada Inc.‍” — Acts

25 Every reference to “VIA Rail Canada Inc.‍” is replaced by a reference to “VIA Rail Canada” in the following provisions:

• (a) in the Canada Transportation Act,

  • (i) the definition public passenger service provider in section 87, and

  • (ii) subsection 144.‍1(2) and paragraph 144.‍1(3)‍(a);

• (b) paragraph 18.‍1(1)‍(d) of the Access to Information Act;

• (c) Schedule I to the Federal-Provincial Fiscal Arrangements Act;

• (d) Part I of Schedule III to the Financial Administration Act; and

• (e) Schedule III to the Payments in Lieu of Taxes Act.

Coming into Force

120 days after royal assent

26 This Act comes into force 120 days after the day on which it receives royal assent.

SCHEDULE