Bill C-14

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Royal Assent

PDF

	265. The portion of subsection 25(1) of the Act before paragraph (a) is replaced by the following:
Power of company to enter land adjoining line of railway	25. (1) For the purpose of enabling a railway company to prevent the development of a situation that is potentially threatening to safe railway operations on a line of railway operated by it,
	266. (1) Subsection 26(1) of the Act is replaced by the following:
Reference to Agency	26. (1) Where the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act, refer the matter to the Agency for a determination.
	(2) Subsection 26(6) of the Act is replaced by the following:
Interpreta- tion	(6) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.
	267. (1) Subsections 119(1) and (2) of the Act are replaced by the following:
Regulations and orders of general application	119. (1) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that
	(a) was in force on that day and has not been revoked, and
	(b) applies to all railway companies,
	continues to have effect as if it were a regulation made by the Governor in Council under this Act until it is revoked by an order of the Governor in Council under subsection (5).
Regulations and orders applying to particular companies	(2) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that
	(a) was in force on that day and has not been revoked, and
	(b) applies to a particular railway company or particular railway companies,
	continues to have effect as if it were an order made by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).
	(2) Subsection 119(4) of the Act is replaced by the following:
By-laws	(4) Every by-law made by a company pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).
	268. Section 121 of the Act and the heading before it are repealed.
R.S., c. S-2	St. Lawrence Seaway Authority Act
R.S., c. 28 (3rd Supp.), ss. 351, 359 (Sch., item 11)	*269. Subsections 16(3) to (5) of the St. Lawrence Seaway Authority Act* are replaced by the following:**
Filing of tariffs	(3) Every tariff of tolls described in subsection (1) or amendment to any such tariff shall be filed with the Canadian Transportation Agency and becomes operative from the date of filing.
Complaints	(4) Any person interested may at any time file a complaint with the Canadian Transportation Agency that there is unjust discrimination in an existing tariff of tolls described in subsection (1) and the Agency shall thereupon consider the complaint and make a finding thereon, which shall be reported to the Authority.
Governor in Council may vary or rescind	(5) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, in respect of every report of the Canadian Transportation Agency under subsection (4) as if the report were a decision made pursuant to that Act.
R.S., c. 17 (3rd Supp.)	Shipping Conferences Exemption Act, 1987
1992, c. 1, s. 123(2)	*270. The definition ``Agency'' in subsection 2(1) of the Shipping Conferences Exemption Act, 1987* is replaced by the following:**
``Agency'' « Office »	``Agency'' means the Canadian Transportation Agency;
1992, c. 1, s. 125	271. Subsection 13(5) of the Act is repealed.
R.S., c. T-18	Department of Transport Act
	*271.1 Subsection 7(1) of the Department of Transport Act* is replaced by the following:**
Minister's responsibi- lities for canals	7. (1) The Minister has the management, charge and direction of
	(a) all Government canals and works and property pertaining or incidental to them;
	(b) the collection of tolls on the canals and matters incidental to their collection; and
	(c) the officers and persons employed on the canals
R.S., c. 28 (3rd Supp.), s. 353	272. Section 7.1 of the Act is replaced by the following:
Inquiries	7.1 (1) The Minister may, with the approval of the Governor in Council, appoint and direct any person to inquire into and report on any matter or thing that the Minister is authorized to deal with under the Canada Transportation Act or under a Special Act as defined in section 87 of that Act.
Powers on inquiries	(2) Section 39 of the Canada Transportation Act applies, with such modifications as the circumstances require, in respect of any inquiry under subsection (1) and every person summoned to attend before a person making any such inquiry is entitled to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
R.S., c. W-4	Dominion Water Power Act
R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 12)	*273. Subsection 7(1) of the Dominion Water Power Act* is replaced by the following:**
Power to expropriate	7. (1) Any person who, pursuant to this Act or the regulations, is authorized to carry out any undertaking may, after receiving written permission from the Minister, expropriate in accordance with the Expropriation Act any land or interest in land, other than public lands or any interest in public lands, that may, in the opinion of the Minister, be required for the undertaking.
Notice to appropriate minister	(1.1) Where the Minister grants permission under subsection (1), the person to whom permission is granted shall so advise the appropriate minister in relation to Part I of the Expropriation Act.
Expropria- tion Act	(1.2) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.
Charges for services	(1.3) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid, in respect of an expropriation referred to in subsection (1), by a person to whom the Minister has granted permission, and rates of interest payable in respect of those fees and charges.
Debt due to Her Majesty	(1.4) The fees or charges are a debt due to Her Majesty in right of Canada by the person to whom the Minister has granted permission, and shall bear interest at the prescribed rate from the date they are payable.
Security	(1.5) The Minister may require the person to whom the Minister has granted permission to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.
1992, c. 40	Yukon Waters Act
	*274. (1) The portion of subsection 31(1) of the Yukon Waters Act* before paragraph (a) is replaced by the following:**
Expropria- tion	31. (1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act, land or an interest in land in the Yukon, and where the Minister, on the recommendation of the Board, is satisfied that
	(2) Subsections 31(2) and (3) of the Act are replaced by the following:
Notice to appropriate minister	(2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act.
Expropria- tion Act	(3) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the applicant or licensee.
Charges for services	(3.1) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.
Debt due to Her Majesty	(3.2) The fees or charges are a debt due to Her Majesty in right of Canada by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable.
Security	(3.3) The Minister may require the applicant or licensee to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.
Mitigation of damages - enforcement of undertaking	(3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes
	(a) to abandon or grant, to the owner of the lands or a party interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the land, and
	(b) to construct and maintain any work for the benefit of the owner or interested person,
	and the owner or person interested accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee's licence.
	Conditional Amendments
1994, c. 47	275. If this section comes into force before section 6 of Schedule IV to the World Trade Organization Agreement Implementation Act comes into force, then section 6 of Schedule IV to that Act and the heading before it are repealed.
1995, c. 17	276. If this section comes into force before the day fixed by order under section 24 of the Budget Implementation Act, 1995, then the definition ``Agency'' in section 2 of the Atlantic Region Freight Assistance Act is replaced by the following:
``Agency'' « Office »	``Agency'' means the Canadian Transportation Agency;
1995, c. 17	*277. If this section comes into force before the day fixed by order under section 25 of the Budget Implementation Act, 1995, then*
	*(a) the definition ``Commission'' in section 2 of the Maritime Freight Rates Act* is replaced by the following:**
``Commission '' « Commission »	``Commission'' means the Canadian Transportation Agency;
	(b) paragraphs 3(2)(a) and (b) of that Act are replaced by the following:
	(a) to approve the cancellations under paragraph (1)(a) and, subject to section 126 of the Canada Transportation Act and to the provisions of Part III of that Act respecting tariffs of tolls for the carriage of freight that are not inconsistent with this Act, to approve all tariffs of tolls substituted therefor;
	(b) to maintain or cause to be maintained the substituted tariffs, subject to section 126 of the Canada Transportation Act and to the provisions of Part III of that Act respecting tariffs of tolls that are not inconsistent with this Act, at the general rate level of approximately twenty per cent below the tolls or rates existing on July 1, 1927, while the cost of railway operation in Canada remains approximately the same as at that date, but the Commission may allow the increase or reduction of those tolls or tariffs to meet increases or reductions in the cost of operations; and
	(c) section 6 of that Act is repealed;
	(d) subsection 8(2) of that Act is replaced by the following:
Commission to approve tariffs of tolls	(2) The Commission, subject to the provisions of Part III of the Canada Transportation Act respecting tariffs of tolls that are not inconsistent with this Act, shall approve the tariffs of tolls filed under this section.
	(e) sections 10 and 11 of that Act are replaced by the following:
Commission to decide questions subject to appeals	10. The Commission may hear and determine all questions arising under this Act subject to such rights of appeal as are provided in the Canada Transportation Act.
Interpreta- tion	11. Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Canada Transportation Act.

Bill C-14

Conditional Amendments