Bill C-57

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Royal Assent

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R.S., c. W-8	Western Grain Transportation Act
	*212. (1) The definition ``movement'' in subsection 2(1) of the Western Grain Transportation Act* is replaced by the following:**
``movement'' « mouvement du grain »	``movement'', in respect of grain, means the carriage of grain by any railway company over any line of railway now or hereafter constructed
	(a) from any point on any line of railway west of Thunder Bay or Armstrong to Thunder Bay or Armstrong, or
	(b) from any point on any line of railway west of Thunder Bay or Armstrong to a port in British Columbia, or to Churchill, where the grain is for export and in respect of which the Government of Canada bears a percentage of the rate under section 37;
	(2) Section 2 of the Act is amended by adding the following after subsection (4):
Categories in Schedule III	(5) A reference to a category in Schedule III shall be deemed to include every grain, crop and product set out under that category in Schedule I.
	213. The Act is amended by adding the following after section 37:
Shipper to bear 100 per cent of rate	37.1 (1) Notwithstanding that the annual rate scale provides that a percentage of the rate is to be borne by the Government of Canada, after the date fixed in an order made under subsection (2) in respect of a category mentioned in Schedule III, any shipper moving any grain within that category for export from any point on any line of railway west of Thunder Bay or Armstrong to a port in British Columbia or to Churchill shall bear one hundred per cent of the rate in the tariff.
Commission to fix date level reached	(2) Subject to subsection (3), where the Commission is of the opinion that the maximum expenditure level or the maximum volume level set out in Schedule III in respect of any category mentioned in that Schedule will be reached prior to the end of the current crop year, the Commission shall, by order, fix the date on which the maximum expenditure level or the maximum volume level will, for all purposes, be deemed to have been reached.
Duty of Commission	(3) In fixing a date under subsection (2), the Commission shall
	(a) make every effort to ensure that the maximum amount of grain within the applicable category is moved without exceeding the maximum expenditure level or the maximum volume level set out in Schedule III for that category; and
	(b) consider the need to give reasonable notice of the date to railway companies and shippers.
	214. Subsection 44(1) of the Act is replaced by the following:
How rates are to be derived and apportioned	44. (1) Each rate set out in a tariff shall be derived from the rate applicable to the appropriate range of distance in the annual rate scale determined in accordance with section 36 and shall be either
	(a) apportioned between the Government of Canada and the shippers of grain on the basis of the percentages determined by the Commission pursuant to subsections 37(2) and (3), or
	(b) borne entirely by the shippers in accordance with section 37.1.
	215. The Act is amended by adding the following after section 46:
Lower rate	46.1 (1) Where an order is made under subsection 37.1(2) fixing a date in respect of a category mentioned in Schedule III, a railway company may, at any time after the date fixed in that order, establish and apply in respect of all or any grain within that category a rate that is lower than that provided by section 44.
Application of rate	(2) A rate established pursuant to subsection (1) shall apply for such time and to such shippers as is specified by the railway company.
	216. (1) Paragraph 57(1)(a) of the Act is replaced by the following:
	(a) the transportation of grain over the greater distance of the lines of railway of the Canadian National Railway Company from Edmonton to Prince Rupert and Ridley Island compared to the distance of the line of railway of that company from Edmonton to Vancouver;
	(2) Subsection 57(2) of the Act is replaced by the following:
Additional amounts	(2) The Commission shall, on or before March 31 of each year, make recommendations to the Minister with respect to the additional amounts that should be paid as part of the CN adjustment by reason of the transportation of grain over the greater distance of the lines of railway of the Canadian National Railway Company from Edmonton to Vancouver, Prince Rupert and Ridley Island compared to the distance of the line of railway of Canadian Pacific Limited from Calgary to Vancouver and, if the Minister deems it appropriate, the recommended additional amounts shall be paid as part of the CN adjustment.
	217. Schedule I to the Act is replaced by Schedule I as set out in Schedule II to this Act.
	218. The Act is amended by adding, after Schedule II, Schedule III as set out in Schedule III to this Act.
	219. The amendments to the Act, as enacted by sections 212 to 218, apply only in respect of crop years after the 1994-1995 crop year.
	Consequential Amendments in Schedule IV
	220. The Acts referred to in Schedule IV are amended as indicated in that Schedule.
	PART III
	COMING INTO FORCE
Coming into force	221. (1) This Act or any provision thereof, or any provision of any Act, including any portion of any schedule, as enacted by this Act, shall come into force on a day or days to be fixed by order of the Governor in Council.
Condition	(2) No order shall be made under subsection (1) unless the Governor in Council is satisfied that the Agreement is in force.
	SCHEDULE IV (Section 220)
	CONSEQUENTIAL AMENDMENTS
	Amendments Consequential on the Repeal of Section 427 of the Insurance Companies Act
R.S., c. 35 (4th Supp.) [c. A-10.1]	Air Canada Public Participation Act
1993, c. 34, s. 3	1. The portion of the definition ``non-resident'' in subsection 6(7) after paragraph (f) is replaced by the following:
	but does not include
	(g) a mutual company within the meaning of the Insurance Companies Act, if its head office and chief place of business are situated in Canada and at least three quarters of its board of directors and each committee of its directors are Canadian citizens who are ordinarily resident in Canada, or
	(h) a company within the meaning of that Act that is a subsidiary of a foreign institution within the meaning of that Act or a foreign company within the meaning of that Act, where the company or the foreign company is acquiring shares to form part of the assets of a segregated fund maintained pursuant to section 451 or 593 of that Act that has been established with respect to one or more policies or amounts for the administration of a pension fund for the benefit of individuals a majority of whom are residents;
1991, c. 10 [c. P-11.1]	Petro-Canada Public Participation Act
1993, c. 34, s. 101	2. The portion of the definition ``non-resident'' in subsection 9(8) after paragraph (f) is replaced by the following:
	but does not include
	(g) a mutual company within the meaning of the Insurance Companies Act, if its head office and chief place of business are situated in Canada and at least three quarters of its board of directors and each committee of its directors are Canadian citizens who are ordinarily resident in Canada, or
	(h) a company within the meaning of that Act that is a subsidiary of a foreign institution within the meaning of that Act or a foreign company within the meaning of that Act, where the company or the foreign company is acquiring shares to form part of the assets of a segregated fund maintained pursuant to section 451 or 593 of that Act that has been established with respect to one or more policies or amounts for the administration of a pension fund for the benefit of individuals a majority of whom are residents;
	Amendments Consequential on the New Section 7.1 of the Integrated Circuit Topography Act
R.S., c. D-1	Defence Production Act
	3. Paragraph (b) of the definition ``royalties'' in section 2 is replaced by the following:
	(b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent or registered industrial design;
	4. Section 22 is replaced by the following:
Relief from claims and proceedings for royalties	22. (1) The Minister may, on behalf of Her Majesty, contract with any person that Her Majesty will relieve that person from any claims, actions or proceedings for the payment of royalties for the use or infringement of any patent, registered industrial design or registered topography by that person in, or for the furnishing of any engineering or technical assistance or services to that person for, the performance of a defence contract.
Relief from royalty payments	(2) A person with whom the Minister has contracted under subsection (1) is not liable to pay royalties under any contract, statute or otherwise by reason of the use or infringement of a patent, registered industrial design or registered topography in, or in respect of engineering or technical assistance or services furnished for, the performance of a defence contract and to which the contract under subsection (1) applies.
Compensation for use	(3) A person who, but for subsection (2), would be entitled to a royalty from another person for the infringement or use of a patent, registered industrial design or registered topography or in respect of engineering or technical assistance or services is entitled to reasonable compensation from Her Majesty for the infringement, use or services and, if the Minister and that person cannot agree as to the amount of the compensation, it shall be fixed by the Commissioner of Patents.
Appeal	(4) Any decision of the Commissioner of Patents under subsection (3) is subject to appeal to the Federal Court under the Patent Act.
Definition of ``registered topography''	(5) In this section, ``registered topography'' has the same meaning as in the Integrated Circuit Topography Act.
	Amendment Consequential on the Repeal of the Meat Import Act
R.S., c. E-19	Export and Import Permits Act
	5. Paragraph 5(1)(c) is repealed.
	Amendment Consequential on the New Section 37.1 of the Western Grain Transportation Act
R.S., c. 28 (3rd Supp.) [c. N-20.01]	National Transportation Act, 1987
	6. (1) Subsection 27(2) is replaced by the following:
Approval of certain rules, etc.	(2) Subject to subsections (3) and (4), but notwithstanding anything in any other Act of Parliament, a rule, order or regulation that is authorized to be made by the Agency under this Act or any other Act of Parliament shall, where the rule, order or regulation is directed to more than one person or body and is made in the exercise of a legislative power and not in the exercise of a judicial or quasiëjudicial power of the Agency, be made only with the approval of the Governor in Council.
	(2) Section 27 is amended by adding the following after subsection (3):
Idem	(4) The Agency may make an order under subsection 37.1(2) of the Western Grain Transportation Act without the approval of the Governor in Council.