;

Bill C-44

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First Reading

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List of Available Sidings

List of available sidings

151.1 (1) A railway company shall prepare and keep up to date a list of the sidings that it makes available in the Western Division where railway cars that are allocated by the Canadian Grain Commission under subsection 87(2) of the Canada Grain Act can be loaded.

Publication of list

(2) The railway company shall publish the list on its Internet site.

Removal from list

(3) A railway company may remove a siding from the list only after the expiry of 60 days after the publication of a notice of its intention to do so in a newspaper of general circulation in the area where the siding is located.

56. (1) The Act is amended by adding the following after section 152:

Division VI.1

Public Passenger Service Providers

Dispute Resolution

Application

152.1 (1) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the negotiation of any agreement concerning the use of the railway company’s railway, land, equipment, facilities or services by the public passenger service provider or concerning the conditions, or the amount to be paid, for that use, the public passenger service provider may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.

Application

(2) Whenever a public passenger service provider and a railway company are unable to agree in respect of any matter raised in the context of the implementation of any matter previously decided by the Agency, either the public passenger service provider or the railway company may, after reasonable efforts to resolve the matter have been made, apply to the Agency to decide the matter.

Amount to be fixed

152.2 (1) If, pursuant to an application made under subsection 152.1(1), the Agency fixes the amount to be paid by the public passenger service provider for the use of any of the railway company’s railway, land, equipment, facilities or services, that amount must reflect the cost associated with the public passenger service provider’s use of that railway, land or equipment or those facilities or services.

Factors

(2) In determining that amount, the Agency must take into consideration, among other things,

(a) the variable costs incurred by the railway company as a result of the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services, including, but not limited to, its variable costs incurred to maintain safe operations and to avoid congestion and undue delay;

(b) the railway company’s cost of capital, based on a rate set by the Agency, applied to the net book value of the assets to be used by the public passenger service provider, less any amount to be paid by the public passenger service provider in respect of those assets;

(c) the cost of any improvements made by the railway company in relation to the public passenger service provider’s use of the railway company’s railway, land, equipment, facilities or services;

(d) a reasonable contribution towards the railway company’s constant costs; and

(e) the value of any benefits that would accrue to the railway company from any investment made by the public passenger service provider.

Duration of decision

152.3 Any decision of the Agency in respect of an application made under subsection 152.1(1) is binding on the parties for a period of five years after the day on which the decision is made, or for any other period agreed to by the parties that is specified in the decision.

Agreements

Providing copies

152.4 (1) A railway company or a public passenger service provider must provide to any person who requests it

(a) a copy of any agreement entered into on or after the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services; and

(b) subject to subsection (2), a copy of any agreement entered into before the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services.

Exclusion

(2) The Agency may, on application by a railway company or a public passenger service provider, exclude an agreement, or any specified portion of an agreement, from the application of paragraph (1)(b) on the grounds that harm would likely result to the applicant if the agreement, or the specified portion, were to be disclosed.

Transitional

(2) Section 152.1 of the Act, as enacted by subsection (1), does not apply in respect of agreements entered into before the day on which this section comes into force.

Exception

(3) Despite subsection (2), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which this section comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Act, as enacted by subsection (1), applies, with any modifications that the circumstances require, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the decision of the Agency and the provisions of the agreement, the decision of the Agency prevails to the extent of the inconsistency.

57. Subsection 157.1(1) of the Act is replaced by the following:

Agreements to apply transportation 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:

(a) railway safety, accident investigation and railway crossings; or

(b) railway noise or the economic regulation of railway companies to the extent that those matters are governed by this Act.

58. Section 158 of the Act and the heading before it are repealed.

59. Section 160 of the Act is replaced by the following:

Passenger rail services

160. Sections 161 to 169 also apply, with such modifications as the circumstances require, in respect of the rates charged or proposed to be charged by, and in respect of any of the conditions associated with the provision of services by, a railway company to any other railway company that is engaged in passenger rail services, other than a public passenger service provider.

2000, c. 16, s. 11(1)

60. Subsection 161(1) of the Act is replaced by the following:

Submission for final offer arbitration

161. (1) A shipper who is dissatisfied with the charge or rate charged or proposed to be charged by a carrier for the movement of goods or for any incidental services, or with any term or condition associated with the movement of goods or any incidental services, may, if the matter cannot be resolved between the shipper and the carrier, submit the matter in writing to the Agency for a final offer arbitration to be conducted by one arbitrator or, if the shipper and the carrier agree, by a panel of three arbitrators.

2000, c. 16, s. 15

61. The portion of section 164.1 of the Act before paragraph (a) is replaced by the following:

Summary process

164.1 If the Agency determines that a shipper’s final offer submitted under subsection 161.1(1) involves freight charges in an amount of not more than $750,000 and the shipper did not indicate a contrary intention when submitting the offer, section 163 and subsection 164(1) do not apply, and the arbitration is to proceed as follows:

62. The Act is amended by adding the following after section 169:

Joint offer of several shippers

169.1 (1) Sections 161 to 169 apply, with any modifications that the circumstances require, in the case where more than one shipper is dissatisfied with any charge or rate charged or proposed to be charged by a carrier for the movement of goods or for any incidental services, or with any term or condition associated with the movement of goods or any incidental services.

Common matter and equal application of the offer

(2) The matter submitted to the Agency for a final offer arbitration must be common to all the shippers, they must make a joint offer in respect of the matter and the terms of that offer must apply to all of them equally.

Time for submission of final offers

(3) In the case of a matter that is submitted to the Agency by more than one shipper, the period referred to in subsection 161.1(1) shall be 20 days.

Extension of periods

(4) In the case of a matter that is submitted to the Agency by more than one shipper, the arbitrator may, if he or she considers it necessary, extend any of the periods referred to in subsections 163(3) and (4) and paragraph 164.1(a).

Extension of time for making decision

(5) Despite paragraph 165(2)(b), in the case of a matter that is submitted to the Agency by more than one shipper, the decision of the arbitrator shall, unless the parties agree otherwise, be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration was received by the Agency.

Other persons

169.2 (1) Sections 161 to 169 apply, with any modifications that the circumstances require, in the case of a person, other than a shipper or a carrier, or a group of persons, who is or are subject to a charge or rate charged or proposed to be charged by a carrier for the movement of goods or for any incidental services, or with any term or condition associated with the movement of goods or any incidental services.

Common matter and equal application of the offer

(2) In the case of a group of persons referred to in subsection (1), the matter submitted to the Agency for a final offer arbitration must be common to all of them, the group must make a joint offer in respect of the matter and the terms of that offer must apply to all members of the group equally.

Time for submission of final offers

(3) In the case of a matter submitted to the Agency by a group of persons referred to in subsection (1), the period referred to in subsection 161.1(1) shall be 20 days.

Extension of periods

(4) In the case of a matter that is submitted to the Agency by a group of persons referred to in subsection (1), the arbitrator may, if he or she considers it necessary, extend any of the periods referred to in subsections 163(3) and (4) and paragraph 164.1(a).

Extension of time for making decision

(5) Despite paragraph 165(2)(b), in the case of a matter that is submitted to the Agency by a group of persons referred to in subsection (1), the decision of the arbitrator shall, unless the parties agree otherwise, be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration was received by the Agency.

Mediation

169.3 (1) The parties to a final offer arbitration may, by agreement, refer to a mediator, which may be the Agency, a matter that has been submitted for a final offer arbitration.

Confidentiality of mediation

(2) All matters relating to the mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.

Time limit for completion of mediation

(3) Unless the parties otherwise agree, the mediation shall be completed within 30 days after the matter is referred for mediation.

Effect of mediation on final offer arbitration

(4) The mediation has the effect of

(a) staying the conduct of the final offer arbitration for the period of the mediation; and

(b) extending the time within which the arbitrator must make a decision in the matter of the final offer arbitration by the period of the mediation.

63. The Act is amended by adding the following after section 172:

PART V.1

INTERNATIONAL BRIDGES AND TUNNELS

Interpretation and Application

Definitions

172.01 The following definitions apply in this Part.

“alteration”
« modification »

“alteration” includes a conversion, an extension and a change in use of an international bridge or tunnel but does not include its operation and maintenance.

“international bridge or tunnel”
« pont ou tunnel international »

“international bridge or tunnel” means a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel.

Relationship with certain Acts

172.02 (1) In the event of any inconsistency or conflict between this Part or the regulations made under it and any Act listed in Schedule III, this Part and the regulations prevail to the extent of the inconsistency or conflict.

Amendment of Schedule III

(2) The Governor in Council may, on the recommendation of the Minister, make regulations amending Schedule III by adding, changing or deleting the name of an Act.

Application of other Acts

(3) Nothing in this Part or the regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

Works for the general advantage of Canada

172.03 International bridges and tunnels are hereby declared to be works for the general advantage of Canada.

For greater certainty

172.04 For greater certainty, this Part applies in respect of any proposal for construction or alteration of an international bridge or tunnel that has been submitted to any department, agency or regulatory authority of the Government of Canada before the coming into force of this Part.

Construction and Alteration

Prohibition

172.05 No person shall construct or alter an international bridge or tunnel without the approval of the Governor in Council under this Part.

Application for approval

172.06 (1) Any person who proposes to construct or alter an international bridge or tunnel shall submit an application to the Minister for approval by the Governor in Council and provide the Minister with any document or information that is required under guidelines issued by the Minister or any further document or information that is required by the Minister after receipt of the application.

Not statutory instruments

(2) The guidelines referred to in subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.

Approval of Governor in Council

172.07 (1) The Governor in Council may, on the recommendation of the Minister, approve the proposed construction or alteration of an international bridge or tunnel subject to any terms and conditions that the Governor in Council considers appropriate.

Variation of terms and conditions

(2) The Governor in Council may vary or rescind the terms and conditions or impose new terms and conditions.

Compliance with terms and conditions

(3) Every person who is subject to terms and conditions shall comply with them.

Ministerial order

172.08 (1) If any person constructs or alters an international bridge or tunnel without the approval of the Governor in Council, the Minister may

(a) order any person to refrain from proceeding with the construction or alteration of the bridge or tunnel;

(b) order the owner of the bridge or tunnel to remove or alter the bridge or tunnel; and

(c) if the owner of the bridge or tunnel fails to comply with an order made under paragraph (b), remove and destroy the bridge or tunnel and sell, give away or otherwise dispose of the materials contained in the bridge or tunnel.

Costs of removal, destruction or disposal

(2) If the Minister removes, destroys or disposes of an international bridge or tunnel under paragraph (1)(c), the costs of and incidental to the operation of removal, destruction or disposal, after deducting from the costs any sum that may be realized by sale or otherwise, are recoverable with costs by Her Majesty from the owner as a debt due to Her Majesty.

Offence and punishment

172.09 (1) Every person who contravenes section 172.05 or subsection 172.07(3) or fails to comply with an order of the Minister under paragraph 172.08(1)(a) or (b) is guilty of an offence and is liable

(a) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

(b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

Continuing offence

(2) If an offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

Officers, etc., of corporations

(3) If a corporation commits an offence under subsection (1), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Sections 174 and 175 do not apply

(4) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1).

Court may order forfeiture

172.1 (1) Where a person is convicted on indictment of an offence referred to in subsection 172.09(1) in relation to the construction or alteration of an international bridge or tunnel, the court may, in addition to any other punishment that it may impose, order that the international bridge or tunnel, or anything used in its construction or alteration, (in this section referred to as the “property”) be forfeited and, on the making of such an order, the property is forfeited to Her Majesty in right of Canada.

Application by person claiming interest

(2) If any international bridge or tunnel, or anything used in its construction or alteration, is forfeited under subsection (1), any person (in this section referred to as the “applicant”), other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the property, may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the property is situated for an order under subsection (5).

Date of hearing

(3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing of the application.

Notice

(4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed.

Order by judge

(5) If, on the hearing of an application, the judge is satisfied that the applicant

(a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted of the offence, and

(b) exercised reasonable care to satisfy himself or herself that property was not likely to be constructed, altered or used, as the case may be, in contravention of this Part,

the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest.

Appeal

(6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

Application to Minister

(7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

(a) direct that the property to which the interest of the applicant relates be returned to the applicant; or

(b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

Disposal of forfeited property

(8) Where no application is made under this section for an order in relation to an interest in any property or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the property shall be disposed of in any manner that the Minister may direct.

Expropriation

172.11 If a person requires an interest in land, as defined in section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that the circumstances require, as if the person were a railway company.

Maintenance and Repair

Regulations

172.12 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the maintenance and repair of international bridges and tunnels.

Contents of regulations

(2) Without limiting the generality of subsection (1), regulations may be made under that subsection

(a) requiring the owner or operator of an international bridge or tunnel to prepare reports for the Minister on the condition of the bridge or tunnel;

(b) specifying the information that is to be included in reports and the frequency with which they must be prepared and sent to the Minister;

(c) providing for inspection of international bridges and tunnels by the Minister or a person designated by the Minister; and

(d) authorizing the Minister to order the owner or operator of an international bridge or tunnel to take any action that the Minister considers necessary to ensure that it is kept in good condition.

Operation

Regulations

172.13 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the operation and use of international bridges and tunnels.

Contents of regulations

(2) Without limiting the generality of subsection (1), regulations may be made under that subsection

(a) specifying the use that may be made of international bridges or tunnels by different types of vehicles;

(b) respecting the tolls, fees and other charges that may be imposed by owners or operators of international bridges or tunnels for their use, to ensure the efficient flow of traffic;

(d) respecting the level of service that is to be provided by owners or operators of international bridges or tunnels.

Security and Safety

Regulations

172.14 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the security and safety of international bridges and tunnels.

Contents of regulations

(2) Without limiting the generality of subsection (1), regulations may be made under that subsection

(a) requiring persons who own or operate international bridges or tunnels to develop and implement security plans and establish security management systems;

(b) specifying what must be included in security plans and requiring persons who own or operate international bridges or tunnels to make the additions, changes or deletions to their security plan that the Minister considers appropriate; and

(c) respecting the provision to the Minister of information related to the security of international bridges and tunnels.

Emergency directions

172.15 If the Minister is of the opinion that there is an immediate threat to the security or safety of any international bridge or tunnel, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting the evacuation of the international bridge or tunnel and the diversion of traffic or persons.

Authorized officer may make emergency direction

172.16 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 172.15 whenever the officer is of the opinion that there is a threat referred to in that section.

Duration

172.17 An emergency direction comes into force immediately when it is made but ceases to have force 30 days after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 30 days.

Relationship with regulations

172.18 (1) An emergency direction may provide that it applies in lieu of or in addition to any regulation made under section 172.14.

Conflict

(2) In the event of any inconsistency or conflict between a regulation and an emergency direction, the emergency direction prevails to the extent of the inconsistency or conflict.

Not statutory instruments

172.19 Emergency directions made under section 172.15 or 172.16 are not statutory instruments within the meaning of the Statutory Instruments Act.

Offence

172.2 (1) Every person who contravenes a regulation made under section 172.14 or an emergency direction made under section 172.15 or pursuant to section 172.16 is guilty of an offence punishable on summary conviction and liable

(a) in the case of an individual, to a fine not exceeding $5,000; and

(b) in the case of a corporation, to a fine not exceeding $100,000.

No offence

(2) A person authorized by the Minister to verify compliance with a regulation or an emergency direction referred to in subsection (1) does not commit an offence if the person commits any act or omission that is required in the course of any such verification and that would otherwise constitute a contravention of a regulation or an emergency direction.

Section 174 does not apply

(3) Section 174 does not apply in respect of an offence committed under subsection (1).

Incorporation By Letters Patent

Letters patent

172.21 (1) The Governor in Council may, on the recommendation of the Minister, issue letters patent of incorporation for the establishment of a corporation, with or without share capital, for the purpose of the corporation constructing or operating an international bridge or tunnel. Letters patent take effect on the date stated in them.

Contents of letters patent

(2) The letters patent may include the following:

(a) the corporate name of the corporation;

(b) the objects of the corporation;

(d) the place where the registered office of the corporation is located;

(e) provisions regarding the keeping of, and access to, records of the corporation;

(f) the number of directors to be appointed and provisions governing their appointment, term of office, remuneration, indemnification and removal;

(g) provisions regarding the powers, functions and duties of the directors and meetings of the directors;

(h) a code of conduct governing the conduct of the directors and officers of the corporation;

(i) provisions for the holding of meetings of members or shareholders of the corporation, including an annual public meeting;

(j) provisions regarding the ownership of, or membership in, the corporation;

(k) provisions regarding the management and control of the corporation;

(l) provisions regarding financial statements and corporate finance, including provisions regarding the power of the corporation to borrow money on the credit of the corporation and to issue debt obligations and provide security for its obligations;

(m) provisions regarding subsidiaries of the corporation, including the management and control of subsidiaries and their activities;

(n) provisions regarding any fundamental changes to the corporation, including the amalgamation, continuance, liquidation or dissolution of the corporation; and

(o) any other provision that the Governor in Council considers appropriate to include in the letters patent and that is not inconsistent with this Part.

Supplementary letters patent

(3) The Governor in Council may, on the recommendation of the Minister, issue supplementary letters patent amending the letters patent of a corporation, and the supplementary letters patent take effect on the date stated in them.

Revocation of letters patent

(4) The Governor in Council may, on the recommendation of the Minister, revoke letters patent or supplementary letters patent of a corporation by issuing a notice to that effect. The revocation takes effect on the date stated in the notice.

Not statutory instruments

(5) Letters patent, supplementary letters patent and a notice of revocation are not statutory instruments within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.

Deemed knowledge of letters patent

172.22 A person who deals with a corporation, acquires rights from a corporation or directly or indirectly acquires rights relating to a corporation is deemed to know the contents of the letters patent of the corporation.

Regulations

172.23 (1) For the purposes of this Part, the Governor in Council may, on the recommendation of the Minister, make regulations, in respect of one or more corporations, regarding any matter referred to in subsection 172.21(2).

Conflict between regulations and letters patent

(2) In the event of any inconsistency or conflict between the regulations made under subsection (1) and the letters patent or supplementary letters patent of a corporation, the regulations prevail to the extent of the inconsistency or conflict.

Capacity and powers

172.24 (1) A corporation is incorporated for the purpose of constructing or operating an international bridge or tunnel in respect of which its letters patent are issued and, for that purpose and for the purposes of this Part, has the capacity, rights, powers and privileges of a natural person.

Restriction on activities and powers

(2) A corporation shall not carry on any activity or exercise any power that it is restricted by its letters patent, or by regulations made under subsection 172.23(1), from carrying on or exercising, nor shall it exercise any of its powers or carry on any of its activities in a manner contrary to its letters patent, those regulations or this Part.

Within Canada

(3) A corporation may carry on its activities throughout Canada.

Extra-territorial capacity

(4) A corporation has the capacity to carry on its activities, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.

Tolls

172.25 Subject to the provisions of this Part and regulations made under this Part and to its letters patent, a corporation may charge tolls, fees or other charges for the use of an international bridge or tunnel.

Power to manage

172.26 The directors shall manage, or supervise the management of, the activities and affairs of the corporation.

Duty of care of directors and officers

172.27 (1) Every director and officer of a corporation shall, in exercising powers and discharging duties,

(a) act honestly and in good faith with a view to the best interests of the corporation; and

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

Duty to comply

(2) Every director and officer of a corporation shall comply with this Part, any regulations made under subsection 172.23(1) and the letters patent and by-laws of the corporation.

No exculpation

(3) No provision in a contract or resolution relieves a director or officer from the duty to act in accordance with this Part, any regulations made under subsection 172.23(1) or the letters patent or by-laws of the corporation or relieves them from liability for a breach of any of them.

Power to make by-laws

172.28 Unless the letters patent or any regulations made under subsection 172.23(1) provide otherwise, the directors of a corporation may make, amend or repeal by-laws that regulate the affairs of the corporation.

Shares of a Corporation

Financial Administration Act

172.29 For the purposes of section 90 of the Financial Administration Act, Her Majesty in right of Canada, or a parent Crown corporation within the meaning of section 83 of that Act, is authorized to acquire, hold, dispose of and otherwise deal with shares of a corporation that owns or operates an international bridge or tunnel.

Enforcement

Powers

172.3 (1) Subject to subsection (4), the Minister, or a person designated by the Minister, may

(a) enter any place for the purposes of making inspections, investigations or audits relating to the enforcement of this Part;

(b) remove any document or other thing from any place referred to in paragraph (a) for examination or, in the case of a document, copying; and

(c) seize anything found in any place referred to in paragraph (a) that the Minister, or a person designated by the Minister, believes on reasonable grounds will afford evidence with respect to an offence under this Part.

Computers

(2) In carrying out an inspection, investigation or audit in any place referred to in paragraph (1)(a), the Minister, or a person designated by the Minister, may

(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

Search warrants

(3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part.

Regulations

(4) The Governor in Council may, on the recommendation of the Minister, make regulations respecting

(a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c); and

(b) the return of the evidence to its owner or the person from whom it was seized.

Dwelling-house

(5) If any place referred to in paragraph (1)(a) is a dwelling-house, the Minister, or a person designated by the Minister, may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (6).

Authority to issue warrant

(6) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Part, and

(b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused,

the justice of the peace may issue a warrant authorizing the Minister, or a person designated by the Minister, to enter that dwelling-house subject to any conditions that may be specified in the warrant.

Use of force

(7) In executing a warrant under subsection (6), the Minister, or a person designated by the Minister, shall not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Duty to assist Minister

172.31 The owner or person who is in possession or control of a place that is inspected, investigated or audited under subsection 172.3(1), and every person who is found in the place, shall

(a) give the Minister, or a person designated by the Minister, all reasonable assistance to enable them to carry out the inspection, investigation or audit and exercise any power conferred on them by that subsection; and

(b) provide the Minister, or a person designated by the Minister, with any information relevant to the administration of this Part or the regulations, notices, orders or emergency directions made under this Part that they may reasonably require.

Injunction

172.32 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Part, the court may issue an injunction ordering any person named in the application

(a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of an offence under this Part; or

(b) to do any act or thing that, in the opinion of the court, may prevent the commission of an offence under this Part.

Notice

(2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

64. (1) The portion of section 177 of the Act before paragraph (a) is replaced by the following:

Regulations by Agency

177. (1) The Agency may, by regulation,

(2) Paragraph 177(1)(b) of the French version of the Act is replaced by the following:

b) prévoir le montant maximal — plafonné, dans le cas des personnes physiques, à 5 000 $ et, dans le cas des personnes morales, à 25 000 $ — de la sanction applicable à chaque violation qui constitue une contravention à un texte ainsi désigné.

(3) Section 177 of the Act is amended by adding the following after subsection (1):

Regulations by Minister

(2) The Minister may, by regulation,

(a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180

(i) any provision of section 51 or of any regulation made under section 50 or 51, or any requirement of any of those provisions; or

(ii) any provision of a regulation made under subsection 172.14 or an emergency direction made under section 172.15 or pursuant to section 172.16; and

(b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

(i) $5,000, in the case of an individual, and

(ii) $25,000, in the case of a corporation.

65. (1) The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:

Notices of violation

178. (1) The Agency, in respect of violations referred to in subsection 177(1), or the Minister, in respect of violations referred to in subsection 177(2), may

(2) Subsection 178(3) of the French version of the Act is replaced by the following:

Certificat

(3) Chaque agent reçoit un certificat établi en la forme fixée par l’Office ou le ministre, selon le cas, et attestant sa qualité, qu’il présente sur demande à la personne à qui il veut demander des renseignements.

66. Subsection 179(1) of the French version of the Act is replaced by the following:

Violation

179. (1) Toute contravention à un texte désigné au titre de l’article 177 constitue une violation pour laquelle le contrevenant s’expose à la sanction établie conformément à cet article.

67. (1) Subsection 180(1) of the Act is replaced by the following:

Issuance of notice of violation

180. (1) If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

(a) the penalty, established in accordance with the regulations made under section 177, for the violation that the person is liable to pay; and

(b) the particulars concerning the time for paying and the manner of paying the penalty.

2001, c. 29, s. 52(2)

(2) Paragraphs 180(2)(b) and (c) of the Act are replaced by the following:

(b) “designated provision” shall be read as a reference to a provision, requirement or condition designated under section 177;

(c) “Minister”, in the case of a violation referred to in subsection 177(1), shall be read as a reference to the Agency or, in any provision other than subsection 7.8(1) of the Aeronautics Act, to a person designated by the Agency;

(3) Paragraph 180(2)(e) of the Act is replaced by the following:

(e) “regulations made under paragraph 7.6(1)(b)” shall be read as a reference to regulations made under section 177.

68. The Act is amended by adding the following after section 180:

Delegation by Minister

180.1 In the case of a violation referred to in subsection 177(2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part and under sections 7.8 to 8.2 of the Aeronautics Act.

Terminology

69. The Act is amended by replacing the words “competitive line rate” with the words “competitive connection rate” in the following provisions:

(a) subsection 116(6);

(b) subsection 129(2);

(d) subsections 136(2) and (3).

70. The Act is amended by adding, after Schedule II, the schedule set out in the schedule to this Act.

Transitional Provisions

Members continued

71. (1) Despite sections 4 to 6 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms.

Temporary limitation on appointment of new members

(2) Despite section 4 of this Act, the Governor in Council may not appoint or reappoint members of the Agency under paragraph 7(2)(a) or subsection 8(2) respectively of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three.

Exception for appointment of Chairperson and Vice-Chairperson

(3) Despite section 4 of this Act and subsection (2) of this section, the Governor in Council may appoint or reappoint members of the Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act.

PART 2

R.S., c. 32 (4th Supp.)

RAILWAY SAFETY ACT

2002, c. 8, s. 168

72. Subsection 34(1) of the Railway Safety Act is replaced by the following:

Enforcement through court

34. (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court.

73. (1) The Act is amended by adding the following after section 43:

PART IV.1

POLICE CONSTABLES

Appointment

44. (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act 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, possessed or administered by a railway company and the protection of persons and property on that property.

Limitation

(2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

Jurisdiction

(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 the railway company owns, possesses or administers.

Power to take persons before a court

(4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed 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 must 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 may 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.

Procedures for dealing with complaints

44.1 (1) If one or more police constables are appointed with respect to a railway company, the railway company must

(a) establish procedures for dealing with complaints concerning police constables;

(b) designate one or more persons to be responsible for implementing the procedures; and

Procedures to be filed with Minister

(2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

Transitional

(2) Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which this section comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by subsection (1).

PART 3

VIA RAIL CANADA ACT

74. The VIA Rail Canada Act is enacted as follows:

An Act to continue VIA Rail Canada Inc. under the name VIA Rail Canada

SHORT TITLE

Short title

1. This Act may be cited as the VIA Rail Canada Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“board”
« conseil »

“board” means the board of directors of the Corporation established by section 12.

“Corporation”
« Société »

“Corporation” means VIA Rail Canada, resulting from the continuance of VIA Rail Canada Inc. under section 3.

CONTINUANCE

Continuance of VIA Rail Canada Inc.

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.

Charter

4. For the purpose of Part X of the Financial Administration Act, this Act is deemed to be the charter of the Corporation.

Cessation of former legal regime

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.

Cancellation of shares

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.

MINISTER

Minister responsible

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.

MANDATE, CAPACITY AND POWERS

Mandate

8. (1) The Corporation’s mandate is to manage and provide a safe and efficient passenger rail service in Canada.

Equipment, facilities and resources

(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.

Legal capacity

9. (1) 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.

Borrowing

(2) For greater certainty, the Corporation may borrow money, subject to Part X of the Financial Administration Act.

Not an agent of Her Majesty

10. The Corporation is not an agent of Her Majesty in right of Canada.

HEAD OFFICE

Head office

11. (1) The Corporation’s head office is in Montreal, Quebec.

Change of location

(2) Despite subsection (1), the Governor in Council may, by order, establish the Corporation’s head office in another city in Canada.

BOARD OF DIRECTORS

Establishment

Composition

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.

Chair and chief executive officer

(2) The chair and the chief executive officer shall be appointed by the Governor in Council.

Other directors

(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.

Chair

Role of chair

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.

Incapacity or vacancy

(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.

Chief Executive Officer

Role of chief executive officer

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.

Incapacity or vacancy

(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.

TRANSITIONAL PROVISIONS

Directors continued

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.

References

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.

Property

17. The property of VIA Rail Canada Inc. continues to be the property of the Corporation.

Rights and obligations

18. The Corporation continues to have the rights of and to be liable for the obligations of VIA Rail Canada Inc.

Legal actions or claims

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.

Pending legal proceedings

(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.

Enforcement of judgements, etc.

(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.

By-laws

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.

PART 4

CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE

Consequential Amendments

R.S., c. 35 (4th Supp.)

Air Canada Public Participation Act

2000, c. 15, s. 19

75. (1) Subsections 10.1(1) and (2) of the Air Canada Public Participation Act are replaced by the following:

Deemed approval

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.

Deemed terms and conditions

(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.

2000, c. 15, s. 19

(2) The portion of subsection 10.1(4) of the French version of the Act before paragraph (a) is replaced by the following:

Cessation d’effet des engagements

(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 :

R.S., c. L-2

Canada Labour Code

1998, c. 10, s. 182

76. The definition “private constable” in subsection 3(1) of the Canada Labour Code is replaced by the following:

“private constable”
« agent de police privé »

“private constable” means a person appointed as a police constable under Part IV.1 of the Railway Safety Act;

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19

Competition Act

2000, c. 15, s. 12

77. Subsections 29.1(3) to (5) of the Competition Act are replaced by the following:

Contents of request

(3) Requests under this section must be in writing and must

(a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and

(b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 of the Canada Transportation Act and identify the transaction being considered under that section.

Restriction

(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.

Confidentiality

(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.

2000, c. 15, s. 14

78. Paragraph 94(c) of the Act is replaced by the following:

(c) a merger or proposed merger approved under subsection 53.2(7) of the Canada Transportation Act and in respect of which the Minister of Transport has certified to the Commissioner the names of the parties.

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

79. Schedule I to the Federal-Provincial Fiscal Arrangements Act is amended by striking out the following:

VIA Rail Canada Inc.

80. Schedule I to the Act is amended by adding the following in alphabetical order:

VIA Rail Canada

R.S., c. F-11

Financial Administration Act

81. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

VIA Rail Canada Inc.

82. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

VIA Rail Canada

R.S., c. M-13; 2000, c. 8, s. 2

Payments in Lieu of Taxes Act

83. Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following:

VIA Rail Canada Inc.

84. Schedule III to the Act is amended by adding the following in alphabetical order:

VIA Rail Canada

Regulations and Other Instruments

References in regulations, etc.

85. Unless the context requires otherwise, every reference to VIA Rail Canada Inc. is replaced by a reference to Via Rail Canada, in regulations as defined in section 2 of the Statutory Instruments Act, and in any other instrument made in the execution of a power conferred by or under an Act of Parliament or by or under the authority of the Governor in Council, and more particularly in

(a) the definition “changes” in subsection 2(1) and subparagraph 4(g)(ii) of the Railway Passenger Services Adjustment Assistance Regulations;

(b) section 7100 of the Income Tax Regulations;

(d) the long title and the definition “VIA” in section 2 of the Railway Passenger Services Contract Regulations;

(e) By-laws Nos. 6 and 8 of VIA Rail Canada Inc., made by Order in Council P.C. 1979-2992 of November 1, 1979 and registered as SOR/79-817;

(f) subparagraph 2(4)(b)(v) of the Railway Lines Abandonment Regulations;

(g) section 2 of the Used Railway Passenger Car Remission Order; and

(h) the schedule to the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order.

Coordinating Amendments

1996, c. 10

Canada Transportation Act

86. (1) If section 3 of the VIA Rail Canada Act, as enacted by section 74 of this Act, comes into force before section 49 of this Act, then, on the day on which that section 3 comes into force, the expressions “VIA Rail Canada Inc.” and “VIA Rail” in subsection 143(3) and the expression “VIA Rail” in subsection 143(4) of the Canada Transportation Act are replaced by the expression “VIA Rail Canada”.

(2) If section 3 of the VIA Rail Canada Act, as enacted by section 74 of this Act, comes into force before section 53 of this Act, then, on the day on which that section 3 comes into force, the expression “VIA Rail Canada Inc.” in subsections 146(1) and (2) of the Canada Transportation Act is replaced by the expression “VIA Rail Canada”.

(3) On the later of the coming into force of section 3 of the VIA Rail Canada Act, as enacted by section 74 of this Act, and the definition “public passenger service provider” in section 87 of the Canada Transportation Act, as enacted by section 31 of this Act, the expression “VIA Rail Canada Inc.” in that definition is replaced by the expression “VIA Rail Canada”.

(4) On the later of the coming into force of section 3 of the VIA Rail Canada Act, as enacted by section 74 of this Act, and subsections 144.1(2) and (3) of the Canada Transportation Act, as enacted by section 51 of this Act, the expression “VIA Rail Canada Inc.” in those subsections is replaced by the expression “VIA Rail Canada”.

(5) On the later of the coming into force of section 3 of the VIA Rail Canada Act, as enacted by section 74 of this Act, and subsection 56(3) of this Act, the expression “VIA Rail Canada Inc.” in that subsection is replaced by the expression “VIA Rail Canada”.

2001, c. 29

Transportation Appeal Tribunal of Canada Act

87. On the later of the coming into force of subsection 52(2) of the Transportation Appeal Tribunal of Canada Act and subsection 67(2) of this Act, paragraph 180(2)(c) of the Canada Transportation Act is replaced by the following:

(c) “Minister”, in the case of a violation referred to in subsection 177(1), shall be read as a reference to the Agency or, in any provision other than section 7.9 of the Aeronautics Act, to a person designated by the Agency;

Coming into Force

Order in council

88. The provisions of this Act, other than sections 1, 86 and 87, and the provisions of any Act as enacted by this Act come into force on a day or days to be fixed by order of the Governor in Council.

Explanatory Notes

Clause 56: (1) New.

Clause 57: Existing text of subsection 157.1(1):

Clause 58: Existing text of the heading and section 158:

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.

(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.

(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.

(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.

(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.

Clause 59: Existing text of section 160:

160. Sections 161 to 169 also apply, with such modifications as the circumstances require, in respect of the rates charged or proposed to be charged by, or any of the conditions associated with the provision of services by, a railway company to

(a) a commuter rail authority designated by the government of a province; or

(b) a railway company engaged in passenger rail services.

Clause 60: Existing text of subsection 161(1):

161. (1) A shipper who is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any of the conditions associated with the movement of goods, may, if the matter cannot be resolved between the shipper and the carrier, submit the matter in writing to the Agency for a final offer arbitration to be conducted by one arbitrator or, if the shipper and the carrier agree, by a panel of three arbitrators.

Clause 61: Relevant portion of section 164.1:

164.1 If the Agency determines that a shipper’s final offer submitted under subsection 161.1(1) involves freight charges in an amount of not more than $750,000 and the shipper did not indicate a contrary intention when submitting the offer, sections 163 and 164 do not apply and the arbitration shall proceed as follows:

Clause 62: New.

Clause 63: New.

Clause 64: (1) and (2) Relevant portion of section 177:

177. The Agency may, by regulation,

...

(b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

(i) $5,000, in the case of an individual, and

(ii) $25,000, in the case of a corporation.

(3) New.

Clause 65: (1) Relevant portion of subsection 178(1):

178. (1) The Agency may

(2) Existing text of subsection 178(3):

(3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

Clause 66: Existing text of subsection 179(1):

179. (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed pursuant to that section.

Clause 67: (1) Existing text of subsection 180(1):

180. (1) Where a person designated as an enforcement officer pursuant to paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

(a) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay; and

(b) particulars concerning the time for paying and the manner of paying the penalty.

(2) and (3) Relevant portion of subsection 180(2):

(2) Sections 7.8 to 8.2, 36 and 37 of the Aeronautics Act apply to the contravention of a provision, requirement or condition designated under section 177, with such modifications as are necessary, and a reference in any of those provisions or in any document issued under any of those provisions to

...

(b) “designated provision” shall be read as a reference to a provision, requirement or condition designated under paragraph 177(a);

(c) “Minister” shall be read as a reference to the Agency or, in any provision other than subsection 7.8(1) of the Aeronautics Act, to a person designated by the Agency;

...

(e) “regulations made under paragraph 7.6(1)(b)” shall be read as a reference to regulations made under paragraph 177(b).

Clause 68: New.

Clause 70: New.

Railway Safety Act

Clause 72: Existing text of subsection 34(1):

34. (1) An order or emergency directive made by the Minister may be made an order of any superior court, and shall be enforced in the same manner as an order of the court.

Clause 73: (1) New.

Air Canada Public Participation Act

Clause 75: (1) Existing text of subsections 10.1(1) and (2):

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 56.2(6) of the Canada Transportation Act on the day on which that subsection comes into force.

(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 of an order made under subsection 56.2(6) 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 order made under subsection 56.2(6) of the Canada Transportation Act that relate to potential prevention or lessening of competition.

(2) Relevant portion of subsection 10.1(4):

(4) The Governor in Council may, by order, declare that 853350 Alberta Ltd. and Air Canada are not subject to the terms and conditions referred to in subsection (2) if the undertakings cease to have effect and are not revived in the circumstances described in

Canada Labour Code

Clause 76: Existing text of the definition:

“private constable” means a person appointed as a constable under Part III of the Canada Transportation Act;

Competition Act

Clause 77: Existing text of subsections 29.1(3) to (5):

(3) Requests under this section must be in writing and must

(a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and

(b) state that the Minister of Transport requires the information for the purposes of section 56.1 or 56.2 of the Canada Transportation Act and identify the transaction being considered under that section.

(4) The information communicated under subsection (1) may be used only for the purposes of section 56.1 or 56.2, as the case may be, of the Canada Transportation Act.

Clause 78: Relevant portion of section 94:

94. The Tribunal shall not make an order under section 92 in respect of

...

(c) a merger or proposed merger approved under subsection 56.2(6) of the Canada Transportation Act and in respect of which the Minister of Transport has certified to the Commissioner the names of the parties.