TRANSITIONAL PROVISIONS

Marginal note:Agreements entered into prior to the coming into force of section 44

• 55. (1) Section 152.1 of the Canada Transportation Act, as enacted by section 44 of this Act, does not apply in respect of agreements entered into before the day on which section 44 of this Act comes into force.

• Marginal note:Exception

  (2) Despite subsection (1), in the case of an agreement between VIA Rail Canada Inc. and a railway company that was entered into before the day on which section 44 of this Act comes into force, Via Rail Canada Inc. may apply to the Canadian Transportation Agency to decide any matter respecting the priority to be given to the trains of any of the parties to the agreement. In making its decision, the Agency shall have regard to the public interest and to the operational requirements of the parties to the agreement. Section 152.2 of the Canada Transportation Act, as enacted by section 44 of this Act, applies, with any modifications that are necessary, if the Agency, as part of its decision, fixes an amount to be paid by Via Rail Canada Inc. In the event of any inconsistency between the Agency’s decision and the provisions of the agreement, the Agency’s decision prevails to the extent of the inconsistency.

Marginal note:Members continued

• 56. (1) Despite sections 3 to 5 of this Act, the members of the Canadian Transportation Agency, including its Chairperson and Vice-Chairperson, who hold office on the coming into force of those sections continue to hold office according to the conditions of their appointments, until the expiry of their respective terms.

• Marginal note:Temporary limitation on appointment of new members

  (2) Despite section 3 of this Act, the Governor in Council may not appoint or reappoint members of the Canadian Transportation Agency under subsection 7(2) or subsection 8(2), respectively, of the Canada Transportation Act until the number of members of the Agency, other than the Chairperson and the Vice-Chairperson, is less than three.

• Marginal note:Exception for appointment of Chairperson and Vice-Chair­person

  (3) Despite subsection (2) and section 3 of this Act, the Governor in Council may appoint or reappoint members of the Canadian Transportation Agency to be designated as the Chairperson or the Vice-Chairperson of the Agency under subsection 7(3) of the Canada Transportation Act.

Marginal note:Adjustment to the volume-related composite price index

57. Despite subsection 151(5) of the Canada Transportation Act, the Canadian Transportation Agency shall, once only, on request of the Minister of Transport and on the date set by the Agency, adjust the volume-related composite price index to reflect costs incurred by the prescribed railway companies, as defined in section 147 of that Act, for the maintenance of hopper cars used for the movement of grain, as defined in section 147 of that Act.

Marginal note:Police constables appointed under section 158 of the Canada Transportation Act

58. Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by section 54 of this Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. 35 (4th Supp.)Air Canada Public Participation Act

Marginal note:2000, c. 15, s. 19

• 59. (1) Subsections 10.1(1) and (2) of the Air Canada Public Participation Act are replaced by the following:

  Marginal note:Deemed approval

  • 10.1 (1) The proposed acquisition described in a letter dated December 21, 1999 from 853350 Alberta Ltd. and Air Canada to the Minister of Transport is deemed to be a transaction that has been approved by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act on the day on which that subsection comes into force.

  • Marginal note:Deemed terms and conditions

    (2) The undertakings provided by 853350 Alberta Ltd. and Air Canada to the Minister of Transport in the letter referred to in subsection (1) are deemed to be terms and conditions specified in an approval by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act that relate to national transportation concerns, and the undertakings provided by 853350 Alberta Ltd. and Air Canada to the Commissioner of Competition that are set out in Annex A to a letter from the Commissioner dated December 21, 1999 in respect of the acquisition referred to in that subsection are deemed to be terms and conditions of an approval under subsection 53.2(7) of the Canada Transportation Act that relate to potential prevention or lessening of competition.

• Marginal note:2000, c. 15, s. 19

  (2) The portion of subsection 10.1(4) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Cessation d’effet des engagements

    (4) Le gouverneur en conseil peut, par décret, déclarer que la société 853350 Alberta Ltd. et Air Canada ne sont pas assujetties aux conditions mentionnées au paragraphe (2) si les engagements cessent d’avoir effet et ne reprennent pas effet dans les circonstances prévues :

R.S., c. L-2Canada Labour Code

Marginal note:1998, c. 10, s. 182

60. The definition “private constable” in subsection 3(1) of the Canada Labour Code is replaced by the following:

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act

Marginal note:2000, c. 15, s. 12

61. Subsections 29.1(3) to (5) of the Competition Act are replaced by the following:

Marginal note:2000, c. 15, s. 14

62. Paragraph 94(c) of the Act is replaced by the following:

COORDINATING AMENDMENT

Marginal note:Bill C-6

• 63. (1) Subsections (2) and (3) apply if Bill C-6, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Aeronautics Act and to make consequential amendments to other Acts (referred to in this section as the “other Act”), receives royal assent.

• (2) If section 52 of this Act comes into force before section 44 of the other Act, then section 44 of the other Act and the heading before it are repealed.

• (3) If section 52 of this Act comes into force on the same day as section 44 of the other Act, then section 44 of the other Act is deemed to have come into force before section 52 of this Act.

COMING INTO FORCE

Marginal note:Order in council — section 27

64. Section 27 comes into force on a day to be fixed by order of the Governor in Council.