Marginal note:Determination of net salvage value before expiry of time to accept offer
146.3 (1) A person to whom a railway line is offered under section 145, or to whom a siding or spur is offered under section 146.2, may apply to the Agency for a determination of the net salvage value of the railway line, siding or spur, as the case may be, at any time before the expiry of the period available to the person to accept the offer.
Marginal note:Notification of application
(2) The applicant shall without delay provide a copy of the application to the railway company, and the railway company shall without delay notify every other person to whom the offer was made and whose time to accept the offer has not expired that an application for a determination of the net salvage value was made.
Marginal note:Effect of application
(3) If an application is made under subsection (1), the time available to the applicant to accept the offer expires on the day that is 30 days after the day the Agency notifies the applicant of its determination of the net salvage value and the 30-day period for each other person to accept the offer is calculated on the expiry of the period available to the applicant to accept the offer.
(4) The applicant shall reimburse the Agency’s costs associated with the application.
- 2007, c. 19, s. 42.
Marginal note:Railway rights of way
146.4 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to railway rights-of-way, that are located in metropolitan areas or within the territory served by any urban transit authority and in respect of which the sidings and spurs have been dismantled, that a railway company plans to sell, lease or otherwise transfer.
- 2007, c. 19, s. 42.
Marginal note:Passenger railway stations
146.5 Sections 146.2 and 146.3 apply, with any modifications that are necessary, to passenger railway stations in Canada that a railway company plans to sell, lease or otherwise transfer or dismantle.
- 2007, c. 19, s. 42.
DIVISION VITransportation of Western Grain
147 In this Division,
crop year means the period beginning on August 1 in any year and ending on July 31 in the next year; (campagne agricole)
export, in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001 , to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country; (exportation)
government hopper car
wagon-trémie du gouvernement
government hopper car means a hopper car provided to a prescribed railway company by the government of Canada or a province; (wagon-trémie du gouvernement)
(a) any grain or crop included in Schedule II that is grown in the Western Division, or any product of it included in Schedule II that is processed in the Western Division, or
(b) any grain or crop included in Schedule II that is grown outside Canada and imported into Canada, or any product of any grain or crop included in Schedule II that is itself included in Schedule II and is processed outside Canada and imported into Canada; (grain)
- joint line movement
joint line movement[Repealed, 2000, c. 16, s. 9]
- maximum rate scale
maximum rate scale[Repealed, 2000, c. 16, s. 9]
mouvement du grain
movement, in respect of grain, means the carriage of grain by a prescribed railway company over a railway line from a point on any line west of Thunder Bay or Armstrong, Ontario, to
(a) Thunder Bay or Armstrong, Ontario, or
(b) Churchill, Manitoba, or a port in British Columbia for export,
but does not include the carriage of grain to a port in British Columbia for export to the United States for consumption in that country; (mouvement du grain)
port in British Columbia
port de la Colombie-Britannique
port in British Columbia means Vancouver, North Vancouver, New Westminster, Roberts Bank, Prince Rupert, Ridley Island, Burnaby, Fraser Mills, Fraser Surrey, Fraser Wharves, Lake City, Lulu Island Junction, Port Coquitlam, Port Moody, Steveston, Tilbury and Woodwards Landing; (port de la Colombie-Britannique)
prescribed railway company
compagnie de chemin de fer régie
prescribed railway company means the Canadian National Railway Company, the Canadian Pacific Railway Company and any railway company that may be specified in the regulations; (compagnie de chemin de fer régie)
région de l’Ouest
Western Division means the part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba. (région de l’Ouest)
- 1996, c. 10, s. 147;
- 2000, c. 16, s. 9;
- 2001, c. 26, s. 282;
- 2005, c. 24, s. 3;
- 2011, c. 25, s. 60.
Application of Division IV
Marginal note:Application to tariffs and rates
148 The provisions of Division IV apply, with such modifications as the circumstances require, to tariffs and rates under this Division to the extent that those provisions are not inconsistent with this Division.
Marginal note:Issuance and publication
(2) No prescribed railway company shall establish a single car rate in a tariff in respect of the movement of grain from a grain delivery point on one of its branch lines that is more than three per cent higher than any single car rate in its tariffs for the movement of the same type of grain under substantially similar conditions for a substantially similar distance from the grain delivery point on one of its main lines that is nearest, as measured in a straight line, to the grain delivery point on the branch line.
- 1996, c. 10, s. 149, c. 18, s. 41;
- 2000, c. 16, s. 10.
Maximum Grain Revenue Entitlement
150 (1) A prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year may not exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1).
Marginal note:Payment of excess and penalty
(2) If a prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1), the company shall pay out the excess amount, and any penalty that may be specified in the regulations, in accordance with the regulations.
Marginal note:Items not included in revenue
(3) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not include
(a) incentives, rebates or any similar reductions paid or allowed by the company;
(b) any amount that is earned by the company and that the Agency determines is reasonable to characterize as a performance penalty or as being in respect of demurrage or for the storage of railway cars loaded with grain; or
(c) compensation for running rights.
Marginal note:Impermissible reductions
(4) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not be reduced by amounts paid or allowed as dispatch by the company for loading or unloading grain before the expiry of the period agreed on for loading or unloading the grain.
Marginal note:Reductions from revenue
(5) For the purposes of this section, if the Agency determines that it was reasonable for a prescribed railway company to make a contribution for the development of grain-related facilities to a grain handling undertaking that is not owned by the company, the company’s revenue for the movement of grain in a crop year shall be reduced by any amount that the Agency determines constitutes the amortized amount of the contribution by the company in the crop year.
Marginal note:Agency to determine revenue
(6) The Agency shall make the determination of a prescribed railway company’s revenues for the movement of grain in a crop year on or before December 31 of the following crop year.
- 1996, c. 10, s. 150;
- 2000, c. 16, s. 10.
- Date modified: