Bill C-76
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Block Transfers |
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| Deemed
transfer of
employees
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37.3 (1) Nothing in an order made under the
Public Service Rearrangement and Transfer
of Duties Act shall be construed as affecting
the status of an employee who, immediately
before the coming into force of the order,
occupied a position in a portion of the Public
Service the control or supervision of which
has been transferred from one department or
portion of the Public Service to another, or in
a department that has been amalgamated and
combined, except that the employee shall, on
the coming into force of the order, occupy that
position in the department or portion of the
Public Service to which the control or
supervision has been transferred or in the
department as amalgamated and combined.
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| Transfer of
other staff
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(2) Where an order is made under the Public
Service Rearrangement and Transfer of
Duties Act, the Governor in Council may, by
order made on the recommendation of the
Treasury Board and where the Governor in
Council is of the opinion that an employee or
class of employees is carrying out powers,
duties or functions that are in whole or in part
in support of or related to the powers, duties
and functions of employees referred to in
subsection (1) and that it is in the best interests
of the Public Service to do so, declare that the
employee or class of employees shall, on the
coming into force of the order, occupy their
positions in the department or portion of the
Public Service where the employees referred
to in subsection (1) are currently occupying
their positions.
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| Definition of
``Public
Service''
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(3) In this section, ``Public Service'' means
the departments and other portions of the
public service of Canada specified in Part I of
Schedule I to the Public Service Staff
Relations Act.
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| Retroactive
application
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(4) This section applies to any order made
under the Public Service Rearrangement and
Transfer of Duties Act on or after March 20,
1995 and before or after the coming into force
of this section.
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PART III |
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TRANSPORTATION MATTERS |
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| R.S., c. 28
(3rd Supp.)
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National Transportation Act, 1987 |
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11. Section 4 of the National
Transportation Act, 1987 is amended by
adding the following in alphabetical order:
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| ``grain-depen
dent branch
line'' « embranche ment tributaire du transport du grain »
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``grain-dependent branch line'' means a
railway line set out in Schedule I;
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12. Paragraph 47(b) of the Act is replaced
by the following:
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13. Paragraph 58(b) of the Act is replaced
by the following:
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14. Section 111 of the Act is replaced by
the following:
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| Powers
respecting
tariffs not
affected by
other Acts
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111. The powers given by this Division to a
railway company with respect to tariffs,
confidential contracts and agreed charges are
not limited or in any manner affected by any
Act of Parliament, other than this Act, or by
any agreement made or entered into pursuant
to any Act of Parliament other than this Act,
whether general in application or special and
relating only to any specific railway, except
Term 32 of the Terms of Union of
Newfoundland with Canada set out in the
schedule to the Newfoundland Act.
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15. Section 118 of the Act is repealed.
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16. Section 160 of the Act is amended by
adding the following after subsection (7):
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| Exception
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(8) Subsections (1) to (3) do not apply to an
application for abandonment of a
grain-dependent branch line, or a segment of
it, that is designated by the Governor in
Council.
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17. Subsection 173(3) of the Act is
replaced by the following:
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| Recommendat
ions to
Minister
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(3) In performing its duties under sections
163 to 172, the Agency may recommend to the
Minister that the Minister enter into an
agreement under subsection 175(1) if, in the
opinion of the Agency, it would be more
cost-effective to improve alternative
transportation facilities in the area served by
a branch line or a segment of it, other than a
line or segment that is a grain-dependent
branch line, than to continue to make
payments under section 178 to the railway
company that operates the line or segment.
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18. The portion of subsection 174(1) of
the Act before paragraph (a) is replaced by
the following:
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| Offer to
purchase
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174. (1) An offer to purchase a branch line
or a segment of it, other than a line or segment
that is a grain-dependent branch line
designated by the Governor in Council, for a
price, which shall not be less than the net
salvage value of the line or segment, may be
made to the railway company that operates the
line or segment by any other railway company
that is authorized to operate the line or
segment, in order to continue to operate it,
during either of the following periods:
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19. (1) The portion of subsection 175(1) of
the Act before paragraph (a) is replaced by
the following:
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| Assistance for
alternative
transportation
facilities
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175. (1) The Minister may enter into an
agreement with the government of a province
or municipality or with any shipper, or
association or other body representative of
shippers, on a branch line to provide, out of
money appropriated by Parliament for that
purpose, for the payment of contributions to
improve alternative transportation facilities
for shippers served by the line or a segment of
it, other than a line or segment that is a
grain-dependent branch line, if in the opinion
of the Minister it would be more cost-effective
to improve alternative transportation facilities
in the area served by the line or segment or in
the area to or from which is shipped the rail
traffic that would be affected by the
abandonment of the operation of the line or
segment than for payments to continue to be
made under section 178 to the railway
company that operates the line or segment and
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(2) Subsection 175(6) of the Act is
replaced by the following:
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| Agreement
where
operation to
be abandoned
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(6) Where the Agency has ordered under
section 165 or 166 that the operation of a
branch line or segment, other than a line or
segment that is a grain-dependent branch line,
be abandoned, the Minister may enter into an
agreement with the government of a province
or municipality, with any persons who are or
were regular shippers by rail on the date, or
during the two years preceding the date, that
the order is made or with any association or
other body representative of those shippers to
provide, out of money appropriated by
Parliament for that purpose, for the payment
of contributions to assist in the transition to
improved transportation facilities in the area
served by the line or segment or in the area to
or from which is shipped the rail traffic that
will be affected by the abandonment of the
operation of the line or segment, if in the
opinion of the Minister it has been
demonstrated that one or more shippers would
suffer significant economic harm as a result of
the abandonment of the operation of the line
or segment.
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20. (1) The portion of subsection 178(1) of
the Act after subparagraph (b)(iii) is
repealed.
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(2) Section 178 of the Act is amended by
adding the following after subsection (1):
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| Section not
applicable to
grain-depende
nt branch
lines
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(1.1) This section does not apply to a
grain-dependent branch line.
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(3) Paragraph 178(2)(b) of the Act is
replaced by the following:
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21. The Act is amended by adding the
following after section 181:
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DIVISION II.1 |
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TRANSPORTATION OF WESTERN GRAIN |
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Interpretation
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181.1 In this Division,
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| ``crop year'' « campagne agricole »
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``crop year'' means the period beginning on
August 1 in any year and ending on July 31
in the next year;
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| ``export'' « exportation »
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``export'', in respect of grain, means shipment
by a vessel, as defined in section 2 of the
Canada Shipping Act, to any destination
outside Canada and shipment by any other
mode of transport to the United States for
use of the grain in that country and not for
shipment out of that country;
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| ``grain'' « grain »
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``grain'' means any grain or crop included in
Schedule II that is grown in the Western
Division, or any product of it included in
Schedule II that is processed in the Western
Division;
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| ``joint line
movement'' « mouvement sur ligne conjointe »
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``joint line movement'' means any rail traffic
that passes over any continuous route in
Canada operated by two or more railway
companies;
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| ``maximum
rate scale'' « barème »
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``maximum rate scale'' means a scale of
maximum rates per tonne that may be
charged for the movement of grain over
specified ranges of distance;
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| ``movement'' « mouvement du grain »
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``movement'', in respect of grain, means the
carriage of grain by a railway company over
a line of railway from a point on any line
west of Thunder Bay or Armstrong, Ontario
to
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| ``port in
British
Columbia'' « port de la Colombie-Brit annique »
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``port in British Columbia'' means Vancouver,
North Vancouver, New Westminster,
Roberts Bank, Prince Rupert, Ridley Island,
Burnaby, Fraser Mills, Fraser Surrey, Fraser
Wharves, Lake City, Lulu Island Junction,
Port Coquitlam, Port Moody, Stevenston,
Tilbury and Woodwards Landing;
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| ``railway
company'' « compagnie de chemin de fer »
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``railway company'' means the Canadian
National Railway Company, Canadian
Pacific Limited and any company
prescribed pursuant to section 181.17 that
operates a railway;
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| ``tariff'' « tarif »
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``tariff'' means a tariff of rates, rules and
regulations for the movement of grain
published pursuant to section 116;
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| ``Western
Division'' « région de l'Ouest »
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``Western Division'' means all that part of
Canada lying west of the meridian passing
through the eastern boundary of the City of
Thunder Bay, including the whole of the
Province of Manitoba.
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Application of Division I
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| Application to
tariffs and
rates
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181.11 The provisions of Division I, except
subsection 112(2) and section 113, apply, with
such modifications as the circumstances
require, to tariffs and rates under this Division
to the extent that those provisions are not
inconsistent with this Division.
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Maximum rate scale
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| Maximum
rate scale for
the 1995-96
crop year
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181.12 (1) The maximum rate scale for the
1995-96 crop year is set out in Schedule III.
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| Agency to
determine
maximum rate
scale
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(2) The maximum rate scale for each
subsequent crop year shall be determined by
the Agency in accordance with section 181.13
on or before April 30 of the previous crop year.
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| Determination
of maximum
rate scale
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181.13 (1) The maximum rate scale shall be
determined by multiplying the amount per
tonne for the movement of grain over each
range of distance set out in the maximum rate
scale for the 1995-96 crop year by the freight
rate multiplier.
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| Freight rate
multiplier
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(2) The freight rate multiplier is the product
obtained by applying the following formula:
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(1 + A - B ) x (1 - C x $10,000 )
( B $1,052,800,000)
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where
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A is the volume-related composite price
index, as determined by the Agency, for
the crop year for which the Agency is
determining the maximum rate scale,
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B is the volume-related composite price
index for the 1994-95 crop year, and
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C is the number of miles of grain-dependent
branch line abandoned from April 1, 1994
to April 1 before the crop year for which
the Agency is determining the maximum
rate scale.
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Tariff of Rates
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| Rates to
conform with
this Division
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181.14 (1) The rates of a railway company
for the movement of grain in a crop year shall
not exceed the rates contained in the
maximum rate scale for that crop year.
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| How rates
derived
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(2) Each rate shall be derived from the rate
applicable to the appropriate range of distance
in the maximum rate scale for that crop year.
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| Demurrage,
storage costs
and benefits
excluded from
rates
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(3) The following are excluded from the
rates for the movement of grain:
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| Higher rates
in respect of
joint line
movements
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181.15 (1) A railway company may include
in its tariff a rate in respect of a joint line
movement that is higher than that provided by
section 181.14 if the higher rate is authorized
pursuant to subsection (2).
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| Rates
applicable to
joint line
movements
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(2) The Agency may determine an amount
by which a rate applicable to a joint line
movement may exceed the level provided by
section 181.14, but that amount shall not
exceed the level that, in the opinion of the
Agency, is necessary to defray the additional
costs directly attributable to the joint line
movement, other than costs that, in the
opinion of the Agency, are incurred by a
railway company for the movement of grain in
the vicinity of a port for unloading purposes.
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| Higher rates
in respect of
certain
railway cars
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181.16 (1) A railway company may include
in its tariff a rate in respect of the movement
of grain by means of railway cars, other than
box cars, hopper cars or shipper supplied tank
cars, that is higher than that provided by
section 181.14 if the rate is authorized
pursuant to subsection (2).
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| Rates
applicable to
movement by
certain
railway cars
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(2) The Agency may determine an amount
by which a rate applicable to a movement of
grain by means of railway cars, other than box
cars, hopper cars or shipper supplied tank cars,
may exceed the rate provided by section
181.14, but the amount shall not exceed the
level that, in the opinion of the Agency, is
necessary to reflect the difference in costs.
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Regulations
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| Regulations of
the Governor
in Council
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181.17 The Governor in Council may make
regulations designating a company that
operates a railway subject to the jurisdiction of
Parliament as a railway company for the
purposes of this Division.
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Review
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| Review
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181.18 (1) During 1999, the Minister shall,
in consultation with shippers, railway
companies and such other persons as the
Minister considers appropriate, conduct and
complete a review of the effect of this Act, and
in particular this Division, on the efficiency of
the grain transportation and handling system
and on the sharing of efficiency gains as
between shippers and railway companies.
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| Determination
whether to
repeal
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(2) The Minister shall, as part of this review,
determine
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| Repeal of
Division and
Schedules
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181.19 If the Minister determines, pursuant
to paragraph 181.18(2)(b), that this Division
and Schedules I, II and III should be repealed,
then this Division and those Schedules shall be
repealed on a day to be fixed by order of the
Governor in Council.
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22. The Act is amended by adding the
schedules set out in Schedule I.
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