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Bill C-14

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TABLE OF PROVISIONS

AN ACT TO CONTINUE THE NATIONAL TRANSPORTATION AGENCY AS THE CANADIAN TRANSPORTATION AGENCY, TO CONSOLIDATE AND REVISE THE NATIONAL TRANSPORTATION ACT, 1987 AND THE RAILWAY ACT AND TO AMEND OR REPEAL OTHER ACTS AS A CONSEQUENCE

SHORT TITLE

1. Short title

HER MAJESTY

2. Binding on Her Majesty

APPLICATION

3. Application generally

4. Conflicts

NATIONAL TRANSPORTATION POLICY

5. Declaration

INTERPRETATION

6. Definitions

PART I

ADMINISTRATION

Canadian Transportation Agency
Continuation and Organization

7. Agency continued

8. Term of members

9. Temporary members

10. Members - conflicts of interest

Remuneration

11. Remuneration

12. Members - retirement pensions

Chairperson

13. Duties of Chairperson

14. Absence of Chairperson

15. Absence of both Chairperson and Vice-Chairperson

Quorum

16. Quorum

Rules

17. Rules

Head Office

18. Head Office

Staff

19. Secretary, officers and employees

20. Technical experts

Records

21. Duties of Secretary

22. Copies of documents obtainable

23. Judicial notice of documents

Powers of Agency

24. Policy governs Agency

25. Agency powers in general

25.1 Power to award costs

26. Compelling observance of obligations

27. Relief

28. Orders

29. Time for making decisions

30. Pending proceedings

31. Fact finding is conclusive

32. Review of decisions and orders

33. Enforcement of decision or order

34. Fees

35. Fees for witnesses

36. Approval of regulations required

Inquiries

37. Inquiry into complaint

38. Appointment of person to conduct inquiry

39. Powers on inquiry

Review and Appeal

40. Governor in Council may vary or rescind orders, etc.

41. Appeal from Agency

Report of Agency

42. Report of Agency

Governor in Council
Directions to Agency

43. Policy directions

44. Delay of binding effect

45. Referral to committee

46. Consultation required

Extraordinary Disruptions

47. Governor in Council may prevent disruptions

Minister
Support Agreements

48. Support agreements

Inquiries

49. Minister may request inquiry

Transportation Information

50. Regulations re information

51. Confidentiality of information

Industry Review

52. Industry review

Review of Act

53. Statutory review

General
54. Appointment of receiver not to bar jurisdiction

PART II

AIR TRANSPORTATION

Interpretation and Application
55. Definitions

56. Non-application of Part

Prohibitions
57. Prohibition re operation

58. Licence not transferable

59. Prohibition re sale

60. Provision of aircraft with flight crew

Licence for Domestic Service
61. Issue of licence

62. Qualification exemption

63. Mandatory suspension or cancellation

64. Notice of discontinuance or reduction of certain services

65. Complaints re non-compliance

66. Disallowance or reduction of basic fare or increase

67. Tariffs to be made public

68. Non-application of fares, etc.

Licence for Scheduled International Service
69. Issue of licence

70. Determination of scheduled international service

71. Terms and conditions of scheduled international licence

72. Mandatory suspension or cancellation

Licence for Non-scheduled International Service
73. Issue of licence

74. Terms and conditions of non-scheduled international licence

75. Mandatory suspension or cancellation

Ministerial Directions for International Service
76. Minister may issue directions

Duties and Powers of Agency
77. Duties and functions of Agency under international agreements, etc.

78. Agency powers qualified by certain agreements, etc.

79. Agency may refuse licence - individuals

80. Exemption

81. Inquiry into licensing matters

82. Licensee to provide notification

83. Disclosure of information required

84. Notification of agent required

85. Notice of change of address

Regulations
86. Regulations

PART III

RAILWAY TRANSPORTATION

DIVISION I

INTERPRETATION AND APPLICATION

87. Definitions

88. Application

89. Special Act railways declared to be works for general advantage of Canada

DIVISION II

CONSTRUCTION AND OPERATION OF RAILWAYS

Certificate of Fitness

90. Certificate required

91. Application for certificate of fitness

92. Issuance of certificate of fitness

93. Variation of certificate

94. Notice of insurance changes

General Powers of Railway Companies

95. Powers

Land Transfer

96. Land taken pursuant to section 134 of Railway Act

97. Land obtained for railway purposes

Railway Lines

98. No construction without Agency approval

99. Filing agreements

Road and Utility Crossings

100. Definitions

101. Filing agreements

Private Crossings

102. Divided land

103. Other crossings may be ordered

DIVISION III

FINANCIAL TRANSACTIONS OF RAILWAY COMPANIES

Mortgages and Hypotheques

104. Deposit and notice of mortgage or hypotheque

Documents Dealing with Rolling Stock

105. Deposit of documents

Insolvent Railway Companies

106. Scheme may be filed in Federal Court

107. Assent to scheme

108. Application for confirmation of scheme

109. Rules of practice

110. Copies of the scheme to be kept for sale

DIVISION IV

RATES, TARIFFS AND SERVICES

Interpretation

111. Definitions

Rates and Conditions of Service

112. Commercially fair and reasonable

Level of Services

113. Accommodation for traffic

114. Facilities for traffic

115. Adequate and suitable accommodation

116. Complaint and investigation concerning company's obligations

Tariffs - General

117. Rates to be charged

Tariffs - Freight

118. Freight tariff requested by shipper

119. Increasing rates in freight tariff

120. Application to vessels

Joint Rates

121. Continuous route in Canada

122. Publication requirements for joint tariff or rate

123. Publication of joint tariff - from Canada to or through foreign country

124. Publication of joint tariff - from foreign country to or through Canada

125. Continuous carriage not to be prevented

Confidential Contracts

126. Confidential contracts

Interswitching

127. Application to interswitch traffic between connecting lines

128. Regulations

Competitive Line Rates

129. Application

130. When competitive line rate to be established on shipper's request

131. Shipper and connecting carriers must agree

132. Application to Agency to establish competitive line rates

133. Competitive line rate

134. Rate to be included in tariff or confidential contract

135. Effective period of rate

136. Obligation of carriers to provide cars

Limiting Carriers' Liability

137. Agreement limiting liability

Running Rights and Joint Track Usage

138. Application by railway company

139. Request for joint or common use of right-of-way

DIVISION V

TRANSFERRING AND DISCONTINUING THE OPERATION OF RAILWAY LINES

140. Definition of ``railway line''

141. Three year plan

142. Compliance with steps for discontinuation

143. Advertisement of availability of railway line for continued rail operations

144. Disclosure of process

145. Offer to governments

146. Discontinuation

DIVISION VI

TRANSPORTATION OF WESTERN GRAIN

Interpretation

147. Definitions

Application of Division IV

148. Application to tariffs and rates

Maximum Rate Scale

149. Maximum rate scale for the 1995-96 crop year

150. Determination of maximum rate scale

Tariff of Rates

151. Rates to conform with this Division

152. Higher rates in respect of joint line movements

153. Higher rates in respect of certain railway cars

Regulations

154. Prescribed railway companies

Review

155. Review

DIVISION VII

OTHER MATTERS

Accounting

156. Uniform accounting system for CN and CP

Determination of Costs

157. Regulations for determining costs

157.1 Agreements to apply transportation law to provincial railways

Police Constables

158. Appointment of police constables

PART IV

FINAL OFFER ARBITRATION

Application
159. Application of sections 161 to 169

160. Rail passenger services

Final Offer Arbitration
161. Submission for final offer arbitration

162. Arbitration

163. Procedure

164. Arbitration information

165. Decision of arbitrator

166. Arbitration fees

167. Confidentiality of information

168. Termination of proceedings

169. List of arbitrators

PART V

TRANSPORTATION OF PERSONS WITH DISABILITIES

170. Regulations

171. Coordination

172. Inquiry re obstacles to persons with disabilities

PART VI

GENERAL

Enforcement
173. False information, etc.

174. Offence

175. Officers, etc., of corporation re offences

176. Time limit for commencement of proceedings

Administrative Monetary Penalties
177. Regulation-making powers

178. Notices of violation

179. Violations

180. Issuance of notice of violation

181. Time limit for proceedings

PART VII

REPEALS, TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Repeals
182. Government Railways Act

183. National Transportation Act, 1987

184. Passenger Tickets Act

185. Railway Act

Transitional Provisions
186. Definition of ``National Transportation Agency''

187. Powers, duties and functions

188. Appropriations

189. Employment continued

190. References

191. Rights and obligations

192. Commencement of legal proceedings

193. Continuation of legal proceedings

194. Members cease to hold office

195. Continuation of proceedings

196. Continuation of previous orders, etc.

197. Continuation of railway crossing and junction orders

198. Continuation of road and utility crossing orders

199. Continuation of private crossing orders

200. Exception - previously authorized companies

201. Expropriation under Railway Act

201.1 Confidentiality of information

Consequential and Related Amendments
202-203.3 Access to Information Act

204-205. Aeronautics Act&

206. Air Canada Public Participation Act

207-210. Canadian Transportation Accident Investigation and Safety Board Act

210.1 CN Commercialization Act

211. Coasting Trade Act

212-214. Canada Business Corporations Act

215. Dry Docks Subsidies Act

216-222. Energy Supplies Emergency Act

223-224. Exchequer Court Act

225-226. Excise Tax Act

227. Explosives Act

228. Expropriation Act

229. Federal Court Act

229.1-229.2 Financial Administration Act

229.3 Government Employees Compensation Act

230. Harbour Commissions Act

231-232. Heritage Railway Stations Protection Act

233. Judges Act

234-235. Canada Labour Code

236. National Capital Act

237-245. National Energy Board Act

246. National Parks Act

247. Non-smokers' Health Act

248. Northwest Territories Waters Act

249-250. Nunavut Act

251-252. Pilotage Act

253-254. Privacy Act

255-256. Public Service Staff Relations Act

257-258. Public Service Superannuation Act

259-260. Railway Relocation and Crossing Act

261-268. Railway Safety Act

269. St. Lawrence Seaway Authority Act

270-271. Shipping Conferences Exemption Act, 1987

271.1-272. Department of Transport Act

273. Dominion Water Power Act

274. Yukon Waters Act

Conditional Amendments
275. 1994, c. 47

276-277. 1995, c. 17

Coming into Force
278. Coming into force

SCHEDULE I

SCHEDULE II

SCHEDULE III

SCHEDULE IV