Bill C-14

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Royal Assent

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	PART III
	RAILWAY TRANSPORTATION
	DIVISION I
	INTERPRETATION AND APPLICATION
Definitions	87. In this Part,
``land'' « terres »	``land'' includes an interest in land and, in relation to land in the Province of Quebec, includes the interest of a lessee;
``operate'' « exploita- tion »	``operate'' includes, with respect to a railway, any act necessary for the maintenance of the railway or the operation of a train;
``point of destination'' « point de destination »	``point of destination'' means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or 129(2), the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply;
``point of origin'' « point d'origine »	``point of origin'' means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or 129(2), the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply;
``railway'' « chemin de fer »	``railway'' means a railway within the legislative authority of Parliament and includes
	(a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores, or other things connected with the railway, and
	(b) communications or signalling systems and related facilities and equipment used for railway purposes;
``railway company'' « compagnie de chemin de fer »	``railway company'' means a person who holds a certificate of fitness under section 92, a partnership of such persons or a person who is mentioned in subsection 90(2);
``road'' « route »	``road'' means any way or course, whether public or not, available for vehicular or pedestrian use;
``Special Act'' « loi spéciale »	``Special Act'' means an Act under which a railway company has authority to construct or operate a railway, or that is enacted with special reference to a railway, and includes
	(a) letters patent constituting a company's authority to construct or operate a railway, granted before April 1, 1969, under any Act, and the Act under which the letters patent were granted or confirmed, and
	(b) letters patent incorporating a company under section 11 of the Railway Act on or after April 1, 1969, whose objects are the construction or operation of a railway in Canada;
``tariff'' « tarif »	``tariff'' means a schedule of rates, charges, terms and conditions applicable to the movement of traffic and incidental services;
``traffic'' « transport » ou « trafic »	``traffic'' means the traffic of goods, including equipment required for their movement.
Application	88. (1) This Part applies to all persons, railway companies and railways within the legislative authority of Parliament.
Special cases	(2) Without limiting the effect of subsection (1), this Part applies to
	(a) a company operating a railway from the United States into Canada; and
	(b) a railway, or a portion of a railway, whether or not constructed under the authority of an Act of Parliament, that is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament.
Works for the general advantage of Canada	(3) A railway or a portion of a railway mentioned in paragraph (2)(b) is declared to be a work for the general advantage of Canada.
Cessation of declaration	(4) A declaration by subsection (3) or by any other Act of Parliament that a railway is a work for the general advantage of Canada, or for the advantage of two or more provinces, ceases to have effect with respect to a line of the railway, or a portion of it, whose operation is discontinued under Division V or is the subject of a transfer under that Division to a person other than a company mentioned in paragraph (2)(b).
Special Act railways declared to be works for general advantage of Canada	89. If the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.
	DIVISION II
	CONSTRUCTION AND OPERATION OF RAILWAYS
	Certificate of Fitness
Certificate required	90. (1) No person shall construct or operate a railway without a certificate of fitness.
Exception - purchaser of railway	(2) Subsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchased
	(a) under a trust deed or mortgage;
	(b) at the instance of the holders of a mortgage, bond or debenture for the payment of which a charge has been created on the railway or portion; or
	(c) under any other lawful proceeding.
Application for certificate of fitness	91. (1) Any person may apply for a certificate of fitness for a railway, including a person who owns or leases the railway or controls, either directly or indirectly, a person who owns or leases the railway.
Application for certain types of operations	(2) If a person proposes to operate in Canada primarily on the railway of another railway company, the application must indicate the termini and route of every line of railway proposed to be operated.
Issuance of certificate of fitness	92. (1) The Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.
Termini and route	(2) A certificate of fitness issued pursuant to an application mentioned in subsection 91(2) must specify the termini and route of every railway line to be operated.
Regulations	(3) The Agency may make regulations for determining the adequacy of liability insurance coverage, including self-insurance.
Variation of certificate	93. (1) The Agency may, on application, vary a certificate of fitness
	(a) to change the termini or route of a line specified in the certificate;
	(b) to add a line to the certificate; or
	(c) to reflect a change in railway operations or circumstances relating to those operations.
Variation when running rights granted	(2) The Agency may vary a certificate of fitness when it grants a right under section 138 to the holder of the certificate.
Notice of insurance changes	94. (1) The holder of a certificate of fitness shall notify the Agency in writing without delay if
	(a) the liability insurance coverage is cancelled or altered so that it may no longer be adequate; or
	(b) the construction or operation has changed so that the liability insurance coverage may no longer be adequate.
Suspension or cancellation	(2) The Agency may suspend or cancel the certificate if it determines that the liability insurance coverage is no longer adequate.
	General Powers of Railway Companies
Powers	95. (1) Subject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway:
	(a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;
	(b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;
	(c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;
	(d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and
	(e) do anything else necessary for the construction or operation of the railway.
Minimal damage	(2) The railway company shall do as little damage as possible in the exercise of the powers.
Restoration	(3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.
Compensa- tion	(4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.
	Land Transfer
Land taken pursuant to section 134 of Railway Act	96. (1) Where a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown.
Alienation to other persons	(2) The land may be transferred to any other person for the purpose of continuing railway operations if
	(a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or
	(b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.
Continuing application to subsequent transfers	(3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.
Existing rights	(4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.
Land obtained for railway purposes	97. (1) Subject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land.
Transfer of authority	(2) If the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.
	Railway Lines
No construction without Agency approval	98. (1) A railway company shall not construct a railway line without the approval of the Agency.
Grant of approval	(2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.
Exception	(3) No approval is needed for the construction of a railway line
	(a) within the right of way of an existing railway line; or
	(b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.
Filing agreements	99. (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.
Effect of filing	(2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.
No agreement	(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.
	Road and Utility Crossings
Definitions	100. In this section and section 101,
``road crossing'' « franchis- sement routier »	``road crossing'' means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing;
``utility crossing'' « franchis- sement par desserte »	``utility crossing'' means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing;
``utility line'' « desserte »	``utility line'' means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.
Filing agreements	101. (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.
Effect of filing	(2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.
No agreement on construction or maintenance	(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.
No agreement on apportion- ment of costs	(4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.
Non- application of section	(5) This section does not apply in any circumstances where section 102 or 103 applies.
	Private Crossings
Divided land	102. If an owner's land is divided as a result of the construction of a railway line, the railway company shall, at the owner's request, construct a suitable crossing for the owner's enjoyment of the land.

Bill C-14

PART III

DIVISION I

INTERPRETATION AND APPLICATION

DIVISION II

CONSTRUCTION AND OPERATION OF RAILWAYS