Bill C-31

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Royal Assent

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	35. Subsection 42.1(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (v) and by adding the following after paragraph (v):
	(v.1) prescribing portions of departments or portions of the executive government of Canada that are to be excluded from the meaning of the expression ``Public Service'' as defined in subsection 3(1);
	(v.2) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clause 6(1)(b)(iii)(M) or (N), the manner of determining in accordance with paragraph 7(1)(k) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application;
	(v.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 10(9);
	(v.4) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and respecting such other matters as the Governor in Council deems necessary for the purposes of carrying out section 13.01;
	(v.5) respecting the terms and conditions, including the requirement of a person or body referred to in subsection 40.1(1) to pay into the Superannuation Account such amount as is determined in accordance with the regulations for any or all cases, subject to which, and the maximum period during which, the person or body is to form part of the Public Service pursuant to a direction of the Treasury Board made under subsection 40.1(2);
	(v.6) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 40.2(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 40.2(9);
	(v.7) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to any employee of an entity or portion thereof and adapting any of those provisions for the purposes of that application where an order is made under subsection 42(4) or a regulation is made under paragraph (v.1) in respect of that entity, including the manner of determining any amount that may be paid out of the Superannuation Account in respect of those employees and the terms and conditions under which the amount is to be paid; and
	36. (1) Subsection 51(1) of the Act is replaced by the following:
Election to continue as participant	51. (1) A participant who is employed in the Public Service and has been so employed substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more may, within one year before the time of ceasing to be employed in the Public Service, elect to continue to be a participant under this Part after that time.
	(2) The portion of subsection 51(2) of the Act before paragraph (a) is replaced by the following:
Election to continue as participant	(2) A person who ceases to be employed in the Public Service and at the time of ceasing to be so employed is a participant who has been employed in the Public Service substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more,
	(3) Subsection (2) applies only to persons who cease to be employed in the Public Service, within the meaning of the Public Service Superannuation Act, on or after the coming into force of that subsection.
1992, c. 46, s. 26	37. Section 53 of the Act is replaced by the following:
Amount of contributions	53. Every participant shall contribute to the Consolidated Revenue Fund at the rate of five cents per month for every two hundred and fifty dollars in the amount of the participant's basic benefit (reduced, if the participant has attained the age of sixty-five years and is employed in the Public Service, having been so employed substantially without interruption for two years or more or having been a participant under this Part without interruption for two years or more, by one dollar per month, commencing as of such time as the regulations prescribe, being the contribution otherwise payable under this Part for the basic benefit in the amount of five thousand dollars referred to in the definition ``basic benefit'' in subsection 47(1)) or, in the case of elective participants and participants who are absent from duty, such contribution as the regulations prescribe.
Coming into force	*38. (1) Subsection 10(9) of the Public Service Superannuation Act, as enacted by subsection 25(3), comes into force on January 1, 1997.*
Coming into force	*(2) Subsection 40.3(1) of the Public Service Superannuation Act, as enacted by section 33, comes into force on a day to be fixed by order of the Governor in Council.*
	PART II
	TRANSPORTATION MATTERS
R.S., c. 28, (3rd Supp.)	National Transportation Act, 1987
1995, c. 17, s. 21	*39. Subsection 181.12(2) of the National Transportation Act, 1987* is replaced by the following:**
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 181.13 or 181.133, as the case may be, on or before April 30 of the previous crop year.
	40. The Act is amended by adding the following after section 181.13:
	Disposal of Railway Cars and Rights in Railway Cars
Agreements and arrangements	181.131 (1) The Minister, with the approval of the Minister of Finance, may
	(a) dispose of, and enter into agreements or arrangements with respect to the disposal of railway cars, or of any rights of Her Majesty in right of Canada with respect to railway cars, that are used for the purpose of moving grain and that belong to Her Majesty; and
	(b) pay out of the Consolidated Revenue Fund, or from the proceeds from the disposal of the railway cars or the rights, amounts in respect of any agreement or arrangement referred to in paragraph (a) or of the disposal.
Authority to carry out agreements	(2) The Minister may do such things as the Minister considers appropriate to carry out an agreement or arrangement referred to in paragraph (1)(a) or to protect the interests or enforce the rights of Her Majesty under such an agreement or arrangement.
Authority to carry out agreements	(3) Without limiting the generality of subsection (2), the Minister may, with respect to an agreement or arrangement referred to in paragraph (1)(a),
	(a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under or pursuant to the agreement or arrangement or any security granted in substitution for that security;
	(b) release or realize on any security referred to in paragraph (a); and
	(c) acquire shares of a corporation in trust for Her Majesty.
Notice of disposal of rights with respect to railway cars	181.132 The Minister shall, as soon as any right with respect to no fewer than 10,000 railway cars that belong to Her Majesty in right of Canada has been disposed of under section 181.131, give notice in the Canada Gazette.
When new rates come into effect	181.133 (1) If the notice referred to in section 181.132 is published on or before April 15, 1998, the new maximum rates referred to in subsection (2) take effect with respect to the 1998-99 crop year. With respect to the period that begins April 16, 1998, if the notice is published no later than April 15 in any year after 1998, the new maximum rates apply in respect of the crop year that begins on the next August 1 but if the notice is published after April 15 in any of those years, the new maximum rates apply in respect of the following crop year.
Increased maximum rates	(2) The increase in the maximum rate that applies in respect of the range of distance in which the average length of haul, as determined by the Agency based on the most recent crop year or calendar year for which information is available, falls, which range of distance is called the ``average range of distance'' for the purpose of this subsection, is $0.75 per tonne. With respect to each other range of distance, the increase in the maximum rate for the range of distance is calculated by multiplying $0.75 by the ratio that the maximum rate for that range of distance for the crop year bears to the maximum rate for the average range of distance for the crop year.
Freight rate multiplier where disposal of railway cars	(3) The freight rate multiplier used in determining the maximum rates referred to in subsection (2) is set out in the following formula:
	D x [(1 + A) - (E - 0.005)/3]
	where
	D is the freight rate multiplier for the previous crop year,
	A is the rate of change in the volume-related composite price index, as determined by the Agency for the crop year in respect of which the Agency is determining the maximum rate scale,
	E is the rate of productivity change, as determined by the Agency on an historic basis, for the crop year in respect of which the Agency is determining the maximum rate scale or 0.005, whichever is greater.
Payment of increase in rates	181.134 No later than ninety days after having given the notice referred to in section 181.132, or in the case of a subsequent disposal of rights, no later than ninety days after the disposal, the Minister may order, with respect to a particular group of railway cars that is the object of a disposal, that all or part of the amount attributable to the increase in rates referred to in subsection 181.133(2) be paid, as of any day chosen by the Minister, whether the day is before the day on which the Minister so orders or not, by a railway company to whom the rate is paid, in the manner and on the dates ordered by the Minister, to the person who acquired the rights, or any person claiming under that person or who acquired, directly or indirectly, the rights from that person.
	Conditional Amendments
Bill C-14	41. If Bill C-14, introduced in the second session of the thirty-fifth Parliament and entitled 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, is assented to, then, on the day on which subsection 149(2) of that Act comes into force,
	(a) that subsection is replaced by the following:
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 or 150.3, as the case may be, on or before April 30 of the previous crop year.
	(b) that Act is amended by adding the following after section 150:
	Disposal of Railway Cars and Rights in Railway Cars
Agreements and arrangements	150.1 (1) The Minister, with the approval of the Minister of Finance, may
	(a) dispose of, and enter into agreements or arrangements with respect to the disposal of railway cars, or of any rights of Her Majesty in right of Canada with respect to railway cars, that are used for the purpose of moving grain and that belong to Her Majesty; and
	(b) pay out of the Consolidated Revenue Fund, or from the proceeds from the disposal of the railway cars or the rights, amounts in respect of any agreement or arrangement referred to in paragraph (a) or of the disposal.
Authority to carry out agreements	(2) The Minister may do such things as the Minister considers appropriate to carry out an agreement or arrangement referred to in paragraph (1)(a) or to protect the interests or enforce the rights of Her Majesty under such an agreement or arrangement.
Authority to carry out agreements	(3) Without limiting the generality of subsection (2), the Minister may, with respect to an agreement or arrangement referred to in paragraph (1)(a),
	(a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under or pursuant to the agreement or arrangement or any security granted in substitution for that security;
	(b) release or realize on any security referred to in paragraph (a); and
	(c) acquire shares of a corporation in trust for Her Majesty.
Notice of disposal of rights with respect to railway cars	150.2 The Minister shall, as soon as any right with respect to no fewer than 10,000 railway cars that belong to Her Majesty in right of Canada has been disposed of under section 150.1, give notice in the Canada Gazette.
When new rates come into effect	150.3 (1) If the notice referred to in section 150.2 is published on or before April 15, 1998, the new maximum rates referred to in subsection (2) take effect with respect to the 1998-99 crop year. With respect to the period that begins April 16, 1998, if the notice is published no later than April 15 in any year after 1998, the new maximum rates apply in respect of the crop year that begins on the next August 1 but if the notice is published after April 15 in any of those years, the new maximum rates apply in respect of the following crop year.
Increased maximum rates	(2) The increase in the maximum rate that applies in respect of the range of distance in which the average length of haul, as determined by the Agency based on the most recent crop year or calendar year for which information is available, falls, which range of distance is called the ``average range of distance'' for the purpose of this subsection, is $0.75 per tonne. With respect to each other range of distance, the increase in the maximum rate for the range of distance is calculated by multiplying $0.75 by the ratio that the maximum rate for that range of distance for the crop year bears to the maximum rate for the average range of distance for the crop year.
Freight rate multiplier where disposal of railway cars	(3) The freight rate multiplier used in determining the maximum rates referred to in subsection (2) is set out in the following formula:
	D x [(1 + A) - (E - 0.005)/3]
	where
	D is the freight rate multiplier for the previous crop year,
	A is the rate of change in the volume-related composite price index, as determined by the Agency for the crop year in respect of which the Agency is determining the maximum rate scale,
	E is the rate of productivity change, as determined by the Agency on an historic basis, for the crop year in respect of which the Agency is determining the maximum rate scale or 0.005, whichever is greater.
Payment of increase in rates	150.4 No later than ninety days after having given the notice referred to in section 150.2, or in the case of a subsequent disposal of rights, no later than ninety days after the disposal, the Minister may order, with respect to a particular group of railway cars that is the object of a disposal, that all or part of the amount attributable to the increase in rates referred to in subsection 150.3(2) be paid, as of any day chosen by the Minister, whether the day is before the day on which the Minister so orders or not, by a railway company to whom the rate is paid, in the manner and on the dates ordered by the Minister, to the person who acquired the rights, or any person claiming under that person or who acquired, directly or indirectly, the rights from that person.

Bill C-31

PART II

TRANSPORTATION MATTERS

National Transportation Act, 1987

Conditional Amendments