Marginal note:Duration of decision
152.3 Any decision of the Agency in respect of an application made under subsection 152.1(1) is binding on the parties for a period of five years after the day on which the decision is made, or for any other period agreed to by the parties that is specified in the decision.
- 2007, c. 19, s. 44.
Marginal note:Providing copies
152.4 (1) A railway company or a public passenger service provider must provide to any person who requests it
(a) a copy of any agreement entered into on or after the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services; and
(b) subject to subsection (2), a copy of any agreement entered into before the day on which this section comes into force concerning the use of the railway company’s railway, land, equipment, facilities or services.
(2) The Agency may, on application by a railway company or a public passenger service provider, exclude an agreement, or any specified portion of an agreement, from the application of paragraph (1)(b) on the grounds that harm would likely result to the applicant if the agreement, or the specified portion, were to be disclosed.
- 2007, c. 19, s. 44.
153. to 155. [Repealed, 2000, c. 16, s. 10]
Division VIIOther Matters
Marginal note:Uniform accounting system for CN and CP
156. (1) The Agency may prescribe for the Canadian National Railway Company and the Canadian Pacific Limited a uniform classification and system of accounts of their assets, liabilities, revenues, working expenditures, capitalization, traffic and operating statistics relating to railway operations.
Marginal note:Uniform accounting system for other railway companies
(2) The Agency may prescribe for any other railway company a uniform classification and system as described in subsection (1) or in a condensed form.
Marginal note:Items to be classed
(3) The Agency may prescribe the items to be classed as items relating to railway operations in the accounts.
(4) The Agency may prescribe the classes of property for which depreciation charges may properly be included under operating expenses in the accounts, and the rates of depreciation to be charged with respect to each of the classes of property.
Marginal note:Requirements to keep accounts
(5) A railway company for which a classification and system of accounts is prescribed shall keep its accounts in accordance with the prescribed classification and system.
Determination of Costs
Marginal note:Regulations for determining costs
157. (1) The Agency may make regulations prescribing items and factors that it shall consider in determining costs under this Part, including depreciation and the cost of capital.
Marginal note:Additional considerations
(2) The Agency may also consider
(a) the principles of costing adopted by the Royal Commission on Transportation appointed by the Order in Council dated May 13, 1959 in arriving at the conclusions contained in its report; and
(b) later developments in railway costing methods and techniques and current conditions of railway operations.
Marginal note:Computation of costs of a portion of an undertaking
(3) If the costs of a portion of the railway of a railway company, or one of its operations, are to be computed
(a) for a particular period, the Agency must include in the computation any of the costs of the whole railway, or any other portion of it, that, in the opinion of the Agency, are reasonably attributable to the portion or operation, irrespective of when, in what manner or by whom the costs were incurred; and
(b) in respect of future operations of the company, the costs must be determined in accordance with estimates made on any basis that, in the opinion of the Agency, is reasonable in the circumstances.
Marginal note:Determination final and binding
(4) A determination of costs by the Agency under this Part is final and binding on all interested or affected parties.
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