Running Rights and Joint Track Usage
Marginal note:Application by railway company
138. (1) A railway company may apply to the Agency for the right to
(a) take possession of, use or occupy any land belonging to any other railway company;
(b) use the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company; and
(c) run and operate its trains over and on any portion of the railway of any other railway company.
Marginal note:Application may be granted
(2) The Agency may grant the right and may make any order and impose any conditions on either railway company respecting the exercise or restriction of the rights as appear just or desirable to the Agency, having regard to the public interest.
(3) The railway company shall pay compensation to the other railway company for the right granted and, if they do not agree on the compensation, the Agency may, by order, fix the amount to be paid.
Marginal note:Request for joint or common use of right-of-way
139. (1) The Governor in Council may
(a) on the application of a railway company, a municipal government or any other interested person, or on the Governor in Council’s own initiative, and
(b) after any investigation that the Governor in Council considers necessary,
request two or more railway companies to consider the joint or common use of a right-of-way if the Governor in Council is of the opinion that its joint or common use may improve the efficiency and effectiveness of rail transport and would not unduly impair the commercial interests of the companies.
Marginal note:Order in Council for joint or common use of right-of-way
(2) If the Governor in Council is satisfied that significant efficiencies and cost savings would result from joint or common use of the right-of-way by two or more railway companies and would not unduly impair the commercial interests of the companies, the Governor in Council may make any order for the joint or common use of the right-of-way that the Governor in Council considers necessary.
(3) The Governor in Council may also, by order, fix the amount of compensation to be paid in respect of the joint or common use of the right-of-way and any related work if the companies do not agree on the amount of that compensation.
Division VTransferring and Discontinuing the Operation of Railway Lines
Marginal note:Definition of “railway line”
140. (1) In this Division, “railway line” includes a portion of a railway line, but does not include
(a) a yard track, siding or spur; or
(b) other track auxiliary to a railway line.
(2) The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.
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