Bill C-26
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VIA RAIL CANADA ACT |
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67. The VIA Rail Canada Act is enacted as
follows:
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An Act to continue VIA Rail Canada Inc.
under the name VIA Rail Canada
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the VIA Rail
Canada Act.
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INTERPRETATION |
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| Definitions
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2. The following definitions apply in this
Act.
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| ``board'' « conseil »
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``board'' means the board of directors of the
Corporation established by section 12.
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| ``Corporation'
' « Société »
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``Corporation'' means VIA Rail Canada,
resulting from the continuance of VIA Rail
Canada Inc. under section 3.
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CONTINUANCE |
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| Continuance
of VIA Rail
Canada Inc.
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3. VIA Rail Canada Inc., incorporated on
January 12, 1977 under the Canada
Corporations Act, chapter C-32 of the Revised
Statutes of Canada 1970, is continued under
this Act under the name VIA Rail Canada.
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| Charter
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4. For the purpose of Part X of the Financial
Administration Act, this Act is deemed to be
the charter of the Corporation.
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| Cessation of
former legal
regime
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5. On the coming into force of section 3 of
this Act, the Canada Business Corporations
Act ceases to apply to the Corporation and the
constating documents of VIA Rail Canada
Inc. cease to have effect.
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| Cancellation
of shares
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6. All shares of VIA Rail Canada Inc. are
cancelled without any repayment of capital in
respect of them. The capital constitutes a
capital surplus of the Corporation.
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MINISTER |
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| Minister
responsible
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7. The Minister of Transport is the
appropriate minister in relation to the
Corporation for the purposes of Part X of the
Financial Administration Act.
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MANDATE, CAPACITY AND POWERS |
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| Mandate
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8. (1) The Corporation's mandate is to
manage and provide a safe and efficient
passenger rail service in Canada.
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| Equipment,
facilities and
resources
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(2) The Corporation may use excess
equipment, facilities and resources for any
commercial purpose that is ancillary to its
mandate with a view to reducing the need for
payments to the Corporation out of the
Consolidated Revenue Fund.
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| Legal capacity
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9. For the purpose of carrying out its
mandate and for any commercial purpose
referred to in subsection 8(2), the Corporation
has the capacity and, subject to this Act, the
rights, powers and privileges of a natural
person.
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| Not an agent
of Her
Majesty
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10. The Corporation is not an agent of Her
Majesty in right of Canada.
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HEAD OFFICE |
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| Head office
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11. (1) The Corporation's head office is in
Montreal, Quebec.
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| Change of
location
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(2) Despite subsection (1), the Governor in
Council may, by order, establish the
Corporation's head office in another city in
Canada.
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BOARD OF DIRECTORS |
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Establishment |
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| Composition
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12. (1) There is hereby established a board
of directors of the Corporation consisting of a
maximum of 15 directors, including the chair
and the chief executive officer.
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| Chair and
chief
executive
officer
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(2) The chair and the chief executive officer
shall be appointed by the Governor in Council.
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| Other
directors
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(3) The directors, other than the chair and
the chief executive officer, shall be appointed
by the Minister of Transport, with the
approval of the Governor in Council.
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Chair |
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| Role of chair
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13. (1) The chair must preside at meetings
of the board and exercise any powers and
perform any duties and functions that are
assigned by the by-laws of the Corporation.
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| Incapacity or
vacancy
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(2) In the event of the absence or incapacity
of, or vacancy in the office of, the chair, the
board may designate another director to
exercise the powers and perform the duties
and functions of the chair for a period of up to
90 days or, with the approval of the Governor
in Council, for a longer period.
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Chief Executive Officer |
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| Role of chief
executive
officer
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14. (1) The chief executive officer is
responsible for the direction and management
of the business and day-to-day operations of
the Corporation. The chief executive officer
must perform any duties and functions that are
assigned by the by-laws of the Corporation.
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| Incapacity or
vacancy
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(2) In the event of the absence or incapacity
of, or vacancy in the office of, the chief
executive officer, the board may appoint an
officer or employee of the Corporation to
exercise the powers and perform the duties
and functions of the chief executive officer for
a period of up to 90 days or, with the approval
of the Governor in Council, for a longer
period.
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TRANSITIONAL PROVISIONS |
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| Directors
continued
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15. The members of the board of directors
of VIA Rail Canada Inc., its chair and its chief
executive officer continue to hold office as
directors, chair and chief executive officer,
respectively, of the Corporation according to
the conditions of their appointments, until the
expiry of their terms.
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| References
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16. Every reference to VIA Rail Canada
Inc. in any deed, contract, agreement,
instrument or other document executed by
VIA Rail Canada Inc. in its own name is to be
read as a reference to VIA Rail Canada, unless
the context requires otherwise.
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| Property
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17. The property of VIA Rail Canada Inc.
continues to be the property of the
Corporation.
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| Rights and
obligations
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18. The Corporation continues to have the
rights of and to be liable for the obligations of
VIA Rail Canada Inc.
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| Legal actions
or claims
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19. (1) No existing cause of action or claim
by or against VIA Rail Canada Inc., or liability
of VIA Rail Canada Inc. to prosecution, is
affected by this Act.
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| Pending legal
proceedings
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(2) A civil, criminal or administrative
action or proceeding pending by or against
VIA Rail Canada Inc. may be continued to be
prosecuted by or against the Corporation.
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| Enforcement
of
judgements,
etc.
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(3) A conviction against, or ruling, order or
judgment in favour of or against, VIA Rail
Canada Inc. may be enforced by or against the
Corporation.
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| By-laws
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20. Every by-law of VIA Rail Canada Inc.
is, to the extent that it is consistent with this
Act, a by-law of the Corporation.
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PART 4 |
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CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE |
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Consequential Amendments |
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| R.S., c. 35
(4th Supp.)
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Air Canada Public Participation Act |
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| 2000, c. 15,
s. 19
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68. (1) Subsections 10.1(1) and (2) of the
Air Canada Public Participation Act are
replaced by the following:
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| Deemed
approval
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10.1 (1) The proposed acquisition described
in a letter dated December 21, 1999 from
853350 Alberta Ltd. and Air Canada to the
Minister of Transport is deemed to be a
transaction that has been approved by the
Governor in Council under subsection 53.2(7)
of the Canada Transportation Act on the day
on which that subsection comes into force.
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| Deemed terms
and
conditions
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(2) The undertakings provided by 853350
Alberta Ltd. and Air Canada to the Minister of
Transport in the letter referred to in subsection
(1) are deemed to be terms and conditions
specified in an approval by the Governor in
Council under subsection 53.2(7) of the
Canada Transportation Act that relate to
national transportation concerns, and the
undertakings provided by 853350 Alberta Ltd.
and Air Canada to the Commissioner of
Competition that are set out in Annex A to a
letter from the Commissioner dated
December 21, 1999 in respect of the
acquisition referred to in that subsection are
deemed to be terms and conditions of an
approval under subsection 53.2(7) of the
Canada Transportation Act that relate to
potential prevention or lessening of
competition.
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| 2000, c. 15,
s. 19
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(2) The portion of subsection 10.1(4) of
the French version of the Act before
paragraph (a) is replaced by the following:
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| Cessation
d'effet des
engagements
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(4) Le gouverneur en conseil peut, par
décret, déclarer que la société 853350 Alberta
Ltd. et Air Canada ne sont pas assujetties aux
conditions mentionnées au paragraphe (2) si
les engagements cessent d'avoir effet et ne
reprennent pas effet dans les circonstances
prévues :
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| R.S., c. L-2
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Canada Labour Code
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| 1998, c. 10,
s. 182
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69. The definition ``private constable'' in
subsection 3(1) of the Canada Labour Code
is replaced by the following:
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| ``private
constable'' « agent de police privé »
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``private constable'' means a person
appointed as a police constable under Part
IV.1 of the Railway Safety Act;
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| R.S., c. C-34;
R.S., c. 19
(2nd Supp.),
s. 19
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Competition Act
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| 2000, c. 15,
s. 12
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70. Subsections 29.1(3) to (5) of the
Competition Act are replaced by the
following:
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| Contents of
request
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(3) Requests under this section must be in
writing and must
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| Restriction
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(4) The information communicated under
subsection (1) may be used only for the
purposes of section 53.1 or 53.2 , as the case
may be, of the Canada Transportation Act.
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| Confidentialit
y
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(5) No person who performs or has
performed duties or functions in the
administration or enforcement of the Canada
Transportation Act shall communicate or
allow to be communicated to any other person
any information communicated under
subsection (1), except to persons who perform
duties or functions under section 53.1 or 53.2
of that Act.
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| 2000, c. 15,
ss. 13(1) and
(2)
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71. Paragraphs 78(1)(j) and (k) of the Act
are replaced by the following:
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| 2002, c. 16,
s. 11.4
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72. Subsection 79(3.1) of the Act is
replaced by the following:
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| Administrativ
e monetary
penalty
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(3.1) Where the Tribunal makes an order
under subsection (1) or (2) against an entity
who operates or provides a domestic service,
as defined in subsection 55(1) of the Canada
Transportation Act, it may also order the
entity to pay, in such manner as the Tribunal
may specify, an administrative monetary
penalty in an amount not greater than $15
million.
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| 2000, c. 15,
s. 14
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73. Paragraph 94(c) of the Act is replaced
by the following:
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| 2000, c. 15,
s. 15
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74. The portion of subsection 104.1(1) of
the Act before paragraph (a) is replaced by
the following:
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| Temporary
order
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104.1 (1) The Commissioner may make a
temporary order prohibiting a person
operating or providing a domestic service, as
defined in subsection 55(1) of the Canada
Transportation Act, from doing an act or a
thing that could, in the opinion of the
Commissioner, constitute an anti-competitive
act or requiring the person to take the steps that
the Commissioner considers necessary to
prevent injury to competition or harm to
another person if
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| R.S., c. F-8;
1995, c. 17,
s. 45(1)
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Federal-Provincial Fiscal Arrangements
Act
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75. Schedule I to the Federal-Provincial
Fiscal Arrangements Act is amended by
striking out the following:
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VIA Rail Canada Inc.
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76. Schedule I to the Act is amended by
adding the following in alphabetical order:
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VIA Rail Canada
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| R.S., c. F-11
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Financial Administration Act
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77. Part I of Schedule III to the Financial
Administration Act is amended by striking
out the following:
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VIA Rail Canada Inc.
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78. Part I of Schedule III to the Act is
amended by adding the following in
alphabetical order:
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VIA Rail Canada
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| R.S., c. M-13;
2000, c. 8, s. 2
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Payments in Lieu of Taxes Act
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79. Schedule III to the Payments in Lieu
of Taxes Act is amended by striking out the
following:
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VIA Rail Canada Inc.
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80. Schedule III to the Act is amended by
adding the following in alphabetical order:
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VIA Rail Canada
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