Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2017-10-13 and last amended on 2017-08-01. Previous Versions

Application of Division IV

Marginal note:Application to tariffs and rates

 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.

Tariffs

Marginal note:Issuance and publication
  •  (1) A prescribed railway company shall issue and publish tariffs that include single car rates in respect of the movement of grain from each grain delivery point on its railway.

  • Marginal note:Prohibition

    (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

Marginal note:Ceiling
  •  (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.

 [Repealed, 2000, c. 16, s. 10]

Marginal note:Maximum revenue entitlement
  •  (1) A prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year is the amount determined by the Agency in accordance with the formula

    [A/B + ((C - D) × $0.022)] × E × F

    where

    A
    is the company’s revenues for the movement of grain in the base year;
    B
    is the number of tonnes of grain involved in the company’s movement of grain in the base year;
    C
    is the number of miles of the company’s average length of haul for the movement of grain in that crop year as determined by the Agency;
    D
    is the number of miles of the company’s average length of haul for the movement of grain in the base year;
    E
    is the number of tonnes of grain involved in the company’s movement of grain in the crop year as determined by the Agency; and
    F
    is the volume-related composite price index as determined by the Agency.
  • Marginal note:Canadian National Railway Company

    (2) For the purposes of subsection (1), in the case of the Canadian National Railway Company,

    • (a) A is $348,000,000;

    • (b) B is 12,437,000; and

    • (c) D is 1,045.

  • Marginal note:Canadian Pacific Railway Company

    (3) For the purposes of subsection (1), in the case of the Canadian Pacific Railway Company,

    • (a) A is $362,900,000;

    • (b) B is 13,894,000; and

    • (c) D is 897.

  • Marginal note:Volume-related composite price index

    (4) The following rules are applicable to the volume-related composite price index:

    • (a) in the crop year 2000-2001, the index is deemed to be 1.0;

    • (b) the index applies in respect of all of the prescribed railway companies; and

    • (c) the Agency shall make adjustments to the index to reflect the costs incurred by the prescribed railway companies for the purpose of obtaining cars as a result of the sale, lease or other disposal or withdrawal from service of government hopper cars and the costs incurred by the prescribed railway companies for the maintenance of cars that have been so obtained.

  • Marginal note:When Agency to make determination

    (5) The Agency shall make the determination of a prescribed railway company’s maximum revenue entitlement for the movement of grain in a crop year under subsection (1) on or before December 31 of the following crop year and shall make the determination of the volume-related composite price index on or before April 30 of the previous crop year.

  • Marginal note:Making of adjustments

    (6) Despite subsection (5), the Agency shall make the adjustments referred to in paragraph (4)(c) at any time that it considers appropriate and determine the date when the adjusted index takes effect.

  • 1996, c. 10, s. 151;
  • 2000, c. 16, s. 10;
  • 2007, c. 19, s. 43.

List of Available Sidings

Marginal note:List of available sidings
  •  (1) A prescribed 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.

  • Marginal note:Publication of list

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

  • Marginal note:Removal from list

    (3) The 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.

  • 2008, c. 5, s. 6.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) specifying railway companies for the purposes of the definition prescribed railway company in section 147;

  • (b) specifying, in respect of a prescribed railway company other than the Canadian National Railway Company or the Canadian Pacific Railway Company,

    • (i) revenues for the movement of grain in the base year,

    • (ii) the number of tonnes for the movement of grain in the base year, and

    • (iii) the average length of haul for the movement of grain in the base year;

  • (c) specifying a penalty for the purposes of subsection 150(2) and respecting the paying out of the penalty and the excess amount; and

  • (d) for carrying out the purposes and provisions of this Division.

  • 1996, c. 10, s. 152;
  • 2000, c. 16, s. 10.
 
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