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Transportation Modernization Act (S.C. 2018, c. 10)

Assented to 2018-05-23

1996, c. 10Canada Transportation Act (continued)

Marginal note:2000, c. 16, s. 10

  • 40 (1) Paragraph 150(3)(a) of the French version of the Act is replaced by the following:

    • a) les primes, rabais ou réductions semblables versés ou accordés par la compagnie;

  • (2) Subsection 150(3) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

    • (d) any amount that is earned by the company at the interswitching rate determined in accordance with section 127.1; or

    • (e) any amount that is earned by the company for the movement of grain in containers on flat cars.

Marginal note:2000, c. 16, s. 10

  • 41 (1) The description of F in subsection 151(1) of the Act is replaced by the following:

    F
    is the volume-related composite price index that applies to the company, as determined by the Agency.

  • Marginal note:2000, c. 16, s. 10; 2007, c. 19, s. 43(1)

    (2) Subsections 151(4) and (5) of the Act are replaced by the following:

    • Marginal note:Volume-related composite price index

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

      • (a) in the crop year 2016-2017, each prescribed railway company’s index is 1.3275;

      • (b) an index shall be determined in respect of each prescribed railway company; and

      • (c) the Agency shall make adjustments to each prescribed railway company’s index to reflect the costs incurred by the prescribed railway company to obtain hopper cars for the movement of grain and the costs incurred by the prescribed railway company for the maintenance of those hopper cars.

    • 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 a prescribed railway company’s volume-related composite price index on or before April 30 of the previous crop year.

42 The Act is amended by adding the following after section 151:

Marginal note:Report to Minister

  • 151.01 (1) Before the beginning of every crop year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, that

    • (a) assesses the prescribed railway company’s ability to move the grain that it is required to move during the crop year taking into account the total volume of grain expected to be moved for the crop year; and

    • (b) identifies the steps that the prescribed railway company is taking to enable it to move the grain that it is required to move during the crop year.

  • Marginal note:Report — winter contingency plans

    (2) Before October 1 of every year, a prescribed railway company shall provide to the Minister a report, in the form and manner that may be specified by the Minister, that describes the railway company’s contingency plans to enable it to move the grain along with other traffic when faced with winter weather conditions.

  • Marginal note:Publication

    (3) The prescribed railway company shall publish the reports referred to in subsections (1) and (2) on its Internet site at the same time that they are provided to the Minister.

Marginal note:2015, c. 31, s. 10

43 Section 155.8 of the Act is replaced by the following:

Marginal note:Interest on unpaid amounts

  • 155.8 (1) If any portion of a levy is not paid by a railway company as required by subsection 155.7(1), the company shall pay to the Receiver General interest on that portion — calculated and compounded monthly at the rate of interest determined under the regulations made under section 155.1 of the Financial Administration Act — beginning on the day on which the payment was required to be made and ending on the day before the day on which the payment is received by the Receiver General.

  • Marginal note:Partial payment

    (2) If a partial payment is made, the period for which interest is payable in respect of the amount paid ends on the day before the day on which the partial payment is received by the Receiver General.

Marginal note:2015, c. 31, s. 10

44 Paragraph 155.97(f) of the Act is repealed.

45 Section 157 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Costing information

    (5) No later than August 31 of every year, the Canadian National Railway Company and the Canadian Pacific Railway Company shall provide to the Agency, in the form and manner specified by the Agency, all unit costs, output units and other financial, statistical and supporting information for the preceding calendar year that is required for the determination of costs by the Agency under this Part.

46 Subsection 161(2) of the Act is amended by adding the following after paragraph (a):

  • (b) the period requested by the shipper, not exceeding two years, for which the decision of the arbitrator is to apply;

Marginal note:2000, c. 16, s. 15

47 The portion of section 164.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:Summary process

164.1 If the Agency determines that a shipper’s final offer submitted under subsection 161.1(1) involves freight charges in an amount of not more than $2,000,000, adjusted in accordance with section 164.2, and the shipper did not indicate a contrary intention when submitting the offer, sections 163 and 164 do not apply and the arbitration shall proceed as follows:

48 The Act is amended by adding the following after section 164.1:

Marginal note:Triennial adjustment

  • 164.2 (1) The maximum amount of freight charges for the purpose of section 164.1 shall be adjusted every three years, on April 1, in accordance with the formula

    [A/B] × C

    where

    A
    is the Consumer Price Index for the calendar year before the year in which the adjustment is made;
    B
    is the Consumer Price Index for 2017; and
    C
    is $2,000,000.

  • Marginal note:Consumer Price Index

    (2) For the purposes of subsection (1),

    • (a) a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;

    • (b) if at any time the Consumer Price Index for Canada is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the maximum amount under subsection (1); and

    • (c) if at any time the Consumer Price Index for Canada is adjusted to reflect a new content basis, that adjustment does not affect the operation of this section.

  • Marginal note:Maximum amount to be published

    (3) The Agency shall adjust the maximum amount in accordance with subsection (1) and cause it to be published in the Canada Gazette no later than March 31 before the commencement of the three-year period for which the maximum amount applies, and that published amount is conclusive proof of the maximum amount for that three-year period.

49 Paragraph 165(2)(c) of the Act is replaced by the following:

  • (c) be rendered so as to apply for the period that is agreed to by the parties or, if no period has been agreed to by the parties, for the period, not exceeding two years, that the shipper requested in its submission.

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