Bill C-52

TRANSITIONAL PROVISIONS

36. A certificate of fitness that was issued under subsection 92(1) of the Canada Transportation Act, as that subsection read immediately before the day on which section 6 comes into force, and that is valid on that day is deemed, as of that day but only until the day on which it is cancelled, to have been issued

(a) under paragraph 92(1)(a) of that Act, as enacted by that section, in respect of the operation of a railway that relates to a passenger rail service or a construction of a railway, and for which the certificate was issued; or

(b) under paragraph 92(1)(b) of that Act, as enacted by that section, in respect of the operation of a railway that does not relate to a passenger rail service and for which the certificate was issued.

37. On the day on which section 6 comes into force, paragraphs 3(b) and (c) and 4(b) of the Railway Third Party Liability Insurance Coverage Regulations continue to apply — until regulations are made under paragraph 92(3)(b) of the Canada Transportation Act — in respect of the proposed operation of a railway referred to in that paragraph 92(3)(b) to allow the Canadian Transportation Agency to determine, for the purposes of paragraph 92(1)(b) of that Act, whether there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV to that Act.

COORDINATING AMENDMENTS

38. (1) In this section, “other Act” means the Fair Rail for Grain Farmers Act.

(2) On the first day on which both subsection 10(2) of the other Act and section 12 of this Act are in force, the portion of subsection 178(1) of the Canada Transportation Act before paragraph (a) is replaced by the following:

178. (1) The Agency, in respect of a violation referred to in subsection 177(1), (1.1) or (2.1), or the Minister, in respect of a violation referred to in subsection 177(2) or (2.2), may

(3) On the first day on which both subsection 12(2) of the other Act and section 13 of this Act are in force, subsection 180.8(2) of the Canada Transportation Act is replaced by the following:

(2) In the case of a violation referred to in subsection 177(2) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.

39. (1) Subsections (2) to (7) apply if Bill C-627, introduced in the 2nd session of the 41st Parliament and entitled An Act to amend the Railway Safety Act (safety of persons and property) (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 25(1) of this Act comes into force before section 2 of the other Act, then

(a) that section 2 is deemed never to have come into force and is repealed; and

(b) subsection 31(1) of the Railway Safety Act is replaced by the following:

31. (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

(3) If section 2 of the other Act comes into force before subsection 25(1) of this Act, then subsection 31(1) of the Railway Safety Act, as enacted by subsection 25(1), is replaced by the following:

31. (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

(4) If subsection 25(1) of this Act and section 2 of the other Act come into force on the same day, then that subsection 25(1) is deemed to have come into force before that section 2 and subsection (2) applies as a consequence.

(5) On the first day on which both subsection 32(3.2) of the Railway Safety Act, as enacted by subsection 3(1) of the other Act, and subsection 32(3.2) of the Railway Safety Act, as enacted by section 26 of this Act, are in force, subsection 32(3.2) of the Railway Safety Act, as enacted by subsection 3(1) of the other Act, is renumbered as subsection 32(3.21) and is repositioned accordingly if required.

(6) On the first day on which both subsection 3(2) of the other Act and section 26 of this Act are in force, subsection 32(4) of the Railway Safety Act is replaced by the following:

(4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

(7) On the first day on which both section 4 of the other Act and section 30 of this Act are in force, section 32.3 of the Railway Safety Act is replaced by the following:

32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) or (3.21) or section 32.01 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3).

COMING INTO FORCE

40. (1) Sections 2 to 8, 10 to 14, 36 and 37 come into force on a day to be fixed by order of the Governor in Council.

(2) Sections 15 and 16 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day referred to in subsection (1).

(3) Subsection 35(2) comes into force on a day to be fixed by order of the Governor in Council.