Bill C-14
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
| Communica- tion and notice of acceptance
|
(4) Once a government communicates its
written acceptance of the offer to the railway
company, the right of any other government to
accept the offer is extinguished and the
railway company shall notify the other
governments of the acceptance.
|
|
| Net salvage
value
|
(5) If a government accepts the offer, but
cannot agree with the railway company on the
net salvage value within ninety days after the
acceptance, the Agency may, on the
application of the government or the railway
company, determine the net salvage value.
|
|
| Disconti- nuation
|
146. (1) Where a railway company has
complied with the process set out in sections
143 to 145, but an agreement for the sale, lease
or other transfer of the railway line or an
interest therein is not entered into through that
process, the railway company may
discontinue operating the line on providing
notice thereof to the Agency. Thereafter, the
railway company has no obligations under this
Act in respect of the operation of the railway
line and has no obligations with respect to any
operations by VIA Rail Canada Inc. over the
railway line.
|
|
| No obligation
|
(2) If the railway line, or any interest of the
railway company therein, is sold, leased or
otherwise transferred by an agreement entered
into through the process prescribed by
sections 143 to 145 or otherwise, the railway
company that conveyed the railway line has
no obligations under this Act in respect of the
operation of the railway line as and from the
date the sale, lease or other transfer was
completed and has no obligations with respect
to any operations by VIA Rail Canada Inc.
over the railway line as and from that date.
|
|
|
|
DIVISION VI |
|
|
|
TRANSPORTATION OF WESTERN GRAIN |
|
|
|
Interpretation
|
|
| Definitions
|
147. In this Division,
|
|
| ``crop year'' « campagne agricole »
|
``crop year'' means the period beginning on
August 1 in any year and ending on July 31
in the next year;
|
|
| ``export'' « exporta- tion »
|
``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;
|
|
| ``grain'' « grain »
|
``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;
|
|
| ``joint line
movement'' « mouvement sur ligne conjointe »
|
``joint line movement'' means any rail traffic
that passes over a continuous route in
Canada operated by two or more railway
companies;
|
|
| ``maximum
rate scale'' « barème »
|
``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;
|
|
| ``movement'' « mouvement du grain »
|
``movement'', in respect of grain, means the
carriage of grain by a prescribed railway
company over a railway line from a point on
any line west of Thunder Bay or Armstrong,
Ontario, to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| ``port in
British
Columbia'' « port de la Colombie- Britannique »
|
``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, Steveston,
Tilbury and Woodwards Landing;
|
|
| ``prescribed
railway
company'' « compagnie de chemin de fer régie »
|
``prescribed railway company'' means the
Canadian National Railway Company,
Canadian Pacific Limited and any
prescribed company operating a railway;
|
|
| ``Western
Division'' « région de l'Ouest »
|
``Western Division'' means the 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.
|
|
|
|
Application of Division IV
|
|
| Application to
tariffs and
rates
|
148. The provisions of Division IV 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.
|
|
|
|
Maximum Rate Scale
|
|
| Maximum
rate scale for
the 1995-96
crop year
|
149. (1) The maximum rate scale for the
1995-96 crop year is set out in Schedule III.
|
|
| Agency to
determine
maximum rate
scale
|
(2) The maximum rate scale for each
subsequent crop year shall be determined by
the Agency in accordance with section 150 on
or before April 30 of the previous crop year.
|
|
| Determi- nation of maximum rate scale
|
150. (1) The maximum rate scale is
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.
|
|
| Freight rate
multiplier
|
(2) The freight rate multiplier is the product
obtained by applying the following formula:
|
|
|
|
1 + A - B x 1 - C x $10,000 B $1,052,800,000
|
|
|
|
where
|
|
|
|
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,
|
|
|
|
B is the volume-related composite price index
for the 1994-95 crop year, and
|
|
|
|
C is the number of miles of grain-dependent
branch line set out in Schedule I whose
operation was discontinued from April 1,
1994 to April 1 before the crop year for which
the Agency is determining the maximum rate
scale.
|
|
|
|
Tariff of Rates
|
|
| Rates to
conform with
this Division
|
151. (1) The rates of a prescribed railway
company for the movement of grain in a crop
year must not exceed the rates set out in the
maximum rate scale for that crop year.
|
|
| How rates
derived
|
(2) Each rate must be derived from the rate
applicable to the appropriate range of distance
in the maximum rate scale for that crop year.
|
|
| Demurrage,
storage costs
and benefits
excluded from
rates
|
(3) The following are excluded from the
rates for the movement of grain:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Higher rates
in respect of
joint line
movements
|
152. (1) A prescribed railway company may
include in its tariff a rate in respect of a joint
line movement that is higher than that
provided by section 151 if the higher rate is
authorized under subsection (2).
|
|
| Rates
applicable to
joint line
movements
|
(2) The Agency may determine an amount
by which a rate applicable to a joint line
movement may exceed the level provided by
section 151, but the amount must 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
prescribed railway company for the
movement of grain in the vicinity of a port for
unloading purposes.
|
|
| Higher rates
in respect of
certain
railway cars
|
153. (1) A prescribed 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 151 if the rate is
authorized under subsection (2).
|
|
| Rates
applicable to
movement by
certain
railway cars
|
(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 151,
but the amount must not exceed the level that,
in the opinion of the Agency, is necessary to
reflect the difference in costs.
|
|
|
|
Regulations
|
|
| Prescribed
railway
companies
|
154. The Governor in Council may make
regulations prescribing railway companies for
the purposes of this Division.
|
|
|
|
Review
|
|
| Review
|
155. (1) During 1999, the Minister shall, in
consultation with shippers, railway
companies and any other persons that 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.
|
|
| Determi- nation
|
(2) The Minister shall, as part of the review,
determine whether the repeal of this Division
and Schedules I, II and III will have a
significant adverse impact on shippers and
whether they should be repealed.
|
|
| Repeal
|
(3) If the Minister determines that this
Division and Schedules I, II and III should be
repealed, then they are repealed on a day to be
fixed by order of the Governor in Council.
|
|
|
|
DIVISION VII |
|
|
|
OTHER MATTERS |
|
|
|
Accounting
|
|
| Uniform
accounting
system for CN
and CP
|
156. (1) The Agency may prescribe for the
Canadian National Railway Company and the
Canadian Pacific Limited a uniform
classification and system of accounts of their
assets, liabilities, revenues, working
expenditures, capitalization, traffic and
operating statistics relating to railway
operations.
|
|
| Uniform
accounting
system for
other railway
companies
|
(2) The Agency may prescribe for any other
railway company a uniform classification and
system as described in subsection (1) or in a
condensed form.
|
|
| Items to be
classed
|
(3) The Agency may prescribe the items to
be classed as items relating to railway
operations in the accounts.
|
|
| Depreciation
|
(4) The Agency may prescribe the classes of
property for which depreciation charges may
properly be included under operating
expenses in the accounts, and the rates of
depreciation to be charged with respect to
each of the classes of property.
|
|
| Require- ments to keep accounts
|
(5) A railway company for which a
classification and system of accounts is
prescribed shall keep its accounts in
accordance with the prescribed classification
and system.
|
|
|
|
Determination of Costs
|
|
| Regulations
for
determining
costs
|
157. (1) The Agency may make regulations
prescribing items and factors that it shall
consider in determining costs under this Part,
including depreciation and the cost of capital.
|
|
| Additional
considera- tions
|
(2) The Agency may also consider
|
|
|
|
|
|
|
|
|
|
| Computation
of costs of a
portion of an
undertaking
|
(3) If the costs of a portion of the railway of
a railway company, or one of its operations,
are to be computed
|
|
|
|
|
|
|
|
|
|
| Determi- nation final and binding
|
(4) A determination of costs by the Agency
under this Part is final and binding on all
interested or affected parties.
|
|
| Agreements to
apply
transporta- tion law to provincial railways
|
157.1 (1) The Minister may enter into an
agreement with a provincial minister
responsible for transportation matters
providing for the administration, in relation to
persons who operate railways within the
legislative authority of the province, of any
law respecting railway safety, accident
investigation and railway crossings.
|
|
| Designation
|
(2) The Minister may designate any body
established under an Act of Parliament, or any
person or class of persons employed in the
public service of Canada, to administer the
law in accordance with the agreement.
|
|
| Functions,
duties and
powers
|
(3) The designated body, person or class of
persons may perform any function or duty and
exercise any powers necessary for the
enforcement of the law, to the extent specified
in the agreement.
|
|
|
|
Police Constables
|
|
| Appointment
of police
constables
|
158. (1) A judge of a superior court may
appoint a person as a police constable for the
enforcement of this Part and for the
enforcement of the laws of Canada or a
province in so far as their enforcement relates
to the protection of property owned or
administered by a railway company and the
protection of persons and property on that
property.
|
|
| Limitation
|
(2) The appointment must only be made on
the application of a railway company that
owns or administers property located within
the judge's jurisdiction.
|
|
| Police
constables
peace officers
|
(3) The police constable has jurisdiction on
property under the administration of the
railway company and in any place within 500
m of property that it owns or administers.
|
|
| Power to take
persons
before a court
|
(4) The police constable may take a person
charged with an offence under this Part, or any
law referred to in subsection (1), before a court
that has jurisdiction in such cases over any
area where property owned or administered by
the railway company is located, whether or
not the person was arrested, or the offence
occurred or is alleged to have occurred, within
that area.
|
|
| Court's
jurisdiction
|
(5) The court shall deal with the person as
though the person had been arrested, and the
offence had occurred, within the area of the
court's jurisdiction, but the court shall not deal
with the person if the offence is alleged to have
occurred outside the province in which the
court is sitting.
|
|
| Dismissal or
discharge of
police
constable
|
(6) A superior court judge referred to in
subsection (1) or the railway company may
dismiss or discharge the police constable and
the dismissal or discharge terminates the
powers, duties and privileges conferred on the
constable by this section.
|
|