Bill C-101
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TABLE OF PROVISIONS |
AN ACT TO CONTINUE THE NATIONAL TRANSPORTATION AGENCY AS THE CANADIAN TRANSPORTATION AGENCY, TO CONSOLIDATE AND REVISE THE NATIONAL TRANSPORTATION ACT, 1987 AND THE RAILWAY ACT AND TO AMEND OR REPEAL OTHER ACTS AS A CONSEQUENCE |
SHORT TITLE |
| 1. Short title
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HER MAJESTY |
| 2. Binding on Her Majesty
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APPLICATION |
| 3. Application generally
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| 4. Conflicts
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NATIONAL TRANSPORTATION POLICY |
| 5. Declaration
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INTERPRETATION |
| 6. Definitions
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PART I |
ADMINISTRATION |
Canadian Transportation Agency |
| Continuation and Organization
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| 7. Agency continued
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| 8. Term of members
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| 9. Temporary members
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| 10. Members - conflicts of interest
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| Remuneration
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| 11. Remuneration
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| 12. Members - retirement pensions
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| Chairperson
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| 13. Duties of Chairperson
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| 14. Absence of Chairperson
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| 15. Absence of both Chairperson and Vice-Chairperson
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| Quorum
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| 16. Quorum
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| Rules
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| 17. Rules
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| Head Office
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| 18. Head office
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| Staff
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| 19. Secretary, officers and employees
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| 20. Technical experts
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| Records
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| 21. Duties of Secretary
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| 22. Copies of documents obtainable
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| 23. Judicial notice of documents
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| Powers of Agency
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| 24. Policy governs Agency
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| 25. Agency powers in general
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| 25.1 Power to award costs
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| 26. Compelling observance of obligations
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| 27. Relief
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| 28. Orders
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| 29. Time for making decisions
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| 30. Pending proceedings
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| 31. Fact finding is conclusive
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| 32. Review of decisions and orders
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| 33. Enforcement of decision or order
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| 34. Fees
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| 35. Fees for witnesses
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| 36. Approval of regulations required
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| Inquiries
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| 37. Inquiry into complaint
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| 38. Appointment of person to conduct inquiry
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| 39. Powers on inquiry
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| Review and Appeal
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| 40. Governor in Council may vary or rescind orders, etc.
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| 41. Appeal from Agency
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| Report of Agency
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| 42. Report of Agency
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Governor in Council |
| Directions to Agency
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| 43. Policy directions
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| 44. Delay of binding effect
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| 45. Referral to committee
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| 46. Consultation required
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| Extraordinary Disruptions
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| 47. Governor in Council may prevent disruptions
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Minister |
| Support Agreements
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| 48. Support agreements
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| Inquiries
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| 49. Minister may request inquiry
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| Transportation Information
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| 50. Regulations re information
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| 51. Confidentiality of information
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| Industry Review
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| 52. Industry review
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| Review of Act
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| 53. Statutory review
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General |
| 54. Appointment of receiver not to bar jurisdiction
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PART II |
AIR TRANSPORTATION |
Interpretation and Application |
| 55. Definitions
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| 56. Non-application of Part
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Prohibitions |
| 57. Prohibition re operation
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| 58. Licence not transferable
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| 59. Prohibition re sale
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| 60. Provision of aircraft with flight crew
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Licence for Domestic Service |
| 61. Issue of licence
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| 62. Qualification exemption
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| 63. Mandatory suspension or cancellation
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| 64. Notice of discontinuance or reduction of certain services
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| 65. Complaints re non-compliance
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| 66. Disallowance or reduction of basic fare or increase
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| 67. Tariffs to be made public
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| 68. Non-application of fares, etc.
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Licence for Scheduled International Service |
| 69. Issue of licence
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| 70. Determination of scheduled international service
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| 71. Terms and conditions of scheduled international licence
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| 72. Mandatory suspension or cancellation
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Licence for Non-scheduled International Service |
| 73. Issue of licence
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| 74. Terms and conditions of non-scheduled international
licence
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| 75. Mandatory suspension or cancellation
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Ministerial Directions for International Service |
| 76. Minister may issue directions
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Duties and Powers of Agency |
| 77. Duties and functions of Agency under international
agreements, etc.
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| 78. Agency powers qualified by certain agreements, etc.
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| 79. Agency may refuse licence - individuals
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| 80. Exemption
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| 81. Inquiry into licensing matters
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| 82. Licensee to provide notification
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| 83. Disclosure of information required
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| 84. Notification of agent required
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| 85. Notice of change of address
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Regulations |
| 86. Regulations
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PART III |
RAILWAY TRANSPORTATION |
DIVISION I |
INTERPRETATION AND APPLICATION |
| 87. Definitions
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| 88. Application
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| 89. Special Act railways declared to be works for general
advantage of Canada
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DIVISION II |
CONSTRUCTION AND OPERATION OF RAILWAYS |
| Certificate of Fitness
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| 90. Certificate required
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| 91. Application for certificate of fitness
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| 92. Issuance of certificate of fitness
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| 93. Variation of certificate
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| 94. Notice of insurance changes
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| General Powers of Railway Companies
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| 95. Powers
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| Land Transfer
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| 96. Land taken pursuant to section 134 of Railway Act
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| 97. Land obtained for railway purposes
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| Railway Lines
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| 98. No construction without Agency approval
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| 99. Filing agreements
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| Road and Utility Crossings
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| 100. Definitions
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| 101. Filing agreements
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| Private Crossings
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| 102. Divided land
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| 103. Other crossings may be ordered
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DIVISION III |
FINANCIAL TRANSACTIONS OF RAILWAY COMPANIES |
| Mortgages and Hypotheques
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| 104. Deposit and notice of mortgage or hypotheque
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| Documents Dealing with Rolling Stock
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| 105. Deposit of documents
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| Insolvent Railway Companies
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| 106. Scheme may be filed in Federal Court
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| 107. Assent to scheme
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| 108. Application for confirmation of scheme
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| 109. Rules of practice
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| 110. Copies of the scheme to be kept for sale
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DIVISION IV |
RATES, TARIFFS AND SERVICES |
| Interpretation
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| 111. Definitions
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| Rates and Conditions of Service
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| 112. Commercially fair and reasonable
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| Level of Services
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| 113. Accommodation for traffic
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| 114. Facilities for traffic
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| 115. Adequate and suitable accommodation
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| 116. Complaint and investigation concerning company's
obligations
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| Tariffs - General
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| 117. Rates to be charged
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| Tariffs - Freight
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| 118. Freight tariff requested by shipper
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| 119. Increasing rates in freight tariff
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| 120. Application to vessels
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| Joint Rates
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| 121. Continuous route in Canada
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| 122. Publication requirements for joint tariff or rate
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| 123. Publication of joint tariff - from Canada to or through
foreign country
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| 124. Publication of joint tariff - from foreign country to or
through Canada
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| 125. Continuous carriage not to be prevented
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| Confidential Contracts
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| 126. Confidential contracts
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| Interswitching
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| 127. Application to interswitch traffic between connecting
lines
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| 128. Regulations
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| Competitive Line Rates
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| 129. Application
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| 130. When competitive line rate to be established on shipper's
request
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| 131. Shipper and connecting carriers must agree
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| 132. Application to Agency to establish competitive line rates
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| 133. Competitive line rate
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| 134. Rate to be included in tariff or confidential contract
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| 135. Effective period of rate
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| 136. Obligation of carriers to provide cars
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| Limiting Carriers' Liability
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| 137. Agreement limiting liability
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| 138. Application by railway company
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| 139. Request for joint or common use of right-of-way
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DIVISION V |
TRANSFERRING AND DISCONTINUING THE OPERATION OF RAILWAY LINES |
| 140. Definition of ``railway line''
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| 141. Three year plan
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| 142. Compliance with steps for discontinuation
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| 143. Advertisement of availability of railway line for continued
rail operations
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| 144. Disclosure of process
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| 145. Offer to governments
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| 146. Discontinuation
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DIVISION VI |
TRANSPORTATION OF WESTERN GRAIN |
| Interpretation
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| 147. Definitions
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| Application of Division IV
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| 148. Application to tariffs and rates
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| Maximum Rate Scale
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| 149. Maximum rate scale for the 1995-96 crop year
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| 150. Determination of maximum rate scale
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| Tariff of Rates
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| 151. Rates to conform with this Division
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| 152. Higher rates in respect of joint line movements
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| 153. Higher rates in respect of certain railway cars
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| Regulations
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| 154. Prescribed railway companies
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| Review
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| 155. Review
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DIVISION VII |
OTHER MATTERS |
| Accounting
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| 156. Uniform accounting system for CN and CP
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| Determination of Costs
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| 157. Regulations for determining costs
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| 157.1 Agreements to apply transportation law to provincial
railways
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| Police Constables
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| 158. Appointment of police constables
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PART IV |
FINAL OFFER ARBITRATION |
Application |
| 159. Application of sections 161 to 169
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| 160. Rail passenger services
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Final Offer Arbitration |
| 161. Submission for final offer arbitration
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| 162. Arbitration
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| 163. Procedure
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| 164. Arbitration information
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| 165. Decision of arbitrator
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| 166. Arbitration fees
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| 167. Confidentiality of information
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| 168. Termination of proceedings
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| 169. List of arbitrators
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PART V |
TRANSPORTATION OF PERSONS WITH DISABILITIES |
| 170. Regulations
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| 171. Co-ordination
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| 172. Inquiry re obstacles to persons with disabilities
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PART VI |
GENERAL |
Enforcement |
| 173. False information, etc.
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| 174. Offence
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| 175. Officers, etc., of corporation re offences
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| 176. Time limit for commencement of proceedings
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Administrative Monetary Penalties |
| 177. Regulation-making powers
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| 178. Notices of violation
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| 179. Violations
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| 180. Issuance of notice of violation
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| 181. Time limit for proceedings
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PART VII |
REPEALS, TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE |
Repeals |
| 182. Repeal of R.S., c. G-7
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| 183. Repeal of R.S., c. 28 (3rd Supp.)
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| 184. Repeal of R.S., c. P-3
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| 185. Repeal of R.S., c. R-3
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Transitional Provisions |
| 186. Definition of ``National Transportation Agency''
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| 187. Powers, duties and functions
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| 188. Appropriations
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| 189. Employment continued
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| 190. References
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| 191. Rights and obligations
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| 192. Commencement of legal proceedings
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| 193. Continuation of legal proceedings
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| 194. Members cease to hold office
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| 195. Continuation of proceedings
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| 196. Continuation of previous orders, etc.
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| 197. Continuation of railway crossing and junction orders
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| 198. Continuation of road and utility crossing orders
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| 199. Continuation of private crossing orders
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| 200. Exception - previously authorized companies
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| 201. Expropriation under Railway Act
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| 201.1 Confidentiality of information
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Consequential and Related Amendments |
| 202-203.3 Access to Information Act
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| 204-205. Aeronautics Act
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| 206. Air Canada Public Participation Act
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| 207-210. Canadian Transportation Accident Investigation and
Safety Board Act
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| 211. Coasting Trade Act
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| 212-214. Canada Business Corporations Act
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| 215. Dry Docks Subsidies Act
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| 216-222. Energy Supplies Emergency Act
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| 223-224. Exchequer Court Act
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| 225-226. Excise Tax Act
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| 227. Explosives Act
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| 228. Expropriation Act
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| 229. Federal Court Act
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| 229.1-229.2 Financial Administration
Act
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| 229.3 Government Employees Compensation Act
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| 230. Harbour Commissions Act
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| 231-232. Heritage Railway Stations Protection Act
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| 233. Judges Act
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| 234-235. Canada Labour Code
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| 236. National Capital Act
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| 237-245. National Energy Board Act
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| 246. National Parks Act
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| 247. Non-smokers' Health Act
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| 248. Northwest Territories Waters Act
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| 249-250. Nunavut Act
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| 251-252. Pilotage Act
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| 253-254. Privacy Act
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| 255-256. Public Service Staff Relations Act
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| 257-258. Public Service Superannuation Act
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| 259-260. Railway Relocation and Crossing Act
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| 261-268. Railway Safety Act
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| 269. St. Lawrence Seaway Authority Act
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| 270-271.1 Shipping Conferences
Exemption Act, 1987
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| 272. Department of Transport Act
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| 273. Dominion Water Power Act
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| 274. Yukon Waters Act
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Conditional Amendments |
| 275-276. Railway Safety Act
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| 277. World Trade Organization Agreement Implementation
Act
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| 278-280. Bill C-76
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| 281-282. Bill C-89
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Coming into Force |
| 283. Coming into force
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SCHEDULE I |
SCHEDULE II |
SCHEDULE III |
SCHEDULE IV |